1928 VLR 405O’SHAUGHNESSY v. QUICK SERVICE STATIONS LTD. Supreme Court of Victoria IRVINE, C.J. 28 August 1928Arbitration — Lease — Arbitration clause — Dispute or difference between lessor and lessee to be referred to arbitration — Assignment of lease — Consent of lessor to assignment withheld — Whether matters in dispute or difference should be referred to arbitration — Discretion of Judge — Stay of proceedings — Sufficient reason to the contrary — Lessor and lessee summons — Application for adjournment of — Whether a "step in the proceedings" — Arbitration Act 1915 (No. 2614), s. 5 — Conveyancing Act 1915 (No. 2633), ss. 24, 25.
The lessee of certain premises took out a summons under sec. 25 of the Conveyancing Act 1915, for a declaration that it was at liberty to assign the lease without the consent of the lessors. The lessors disputed the payment of rent as stipulated by the lease, and gave a notice of intention to re-enter for non-payment thereof, and contended that these matters together with the determination of the suitability of the proposed assignee and the reasonableness of the withholding of their consent should be submitted to arbitration in accordance with a clause in the lease providing that "if and whenever any dispute or difference shall arise between the lessors and the lessee . . . touching the construction or meaning of this lease or of anything herein contained or the rights and liabilities of the lessors and lessee respectively hereunder the said dispute or difference shall be referred to a single arbitrator . . .", and also contended that the summons should be stayed under sec. 5 of the Arbitration Act 1915 until these matters were determined by arbitration.