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CMS Cairns Pty Ltd v Isicob Pty Ltd[2002] QCA 96

CMS Cairns Pty Ltd v Isicob Pty Ltd[2002] QCA 96

CITATION: CMS Cairns Pty Ltd v Isicob Pty Ltd [2002] QCA 96
JUDGE(S): Davies JA
DELIVERED ON: 19 March 2002
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Editorial Notes

  • Published Case Name:

    CMS Cairns Pty Ltd v Isicob Pty Ltd

  • Shortened Case Name:

    CMS Cairns Pty Ltd v Isicob Pty Ltd

  • MNC:

    [2002] QCA 96

  • Court:

    QCA

  • Judge(s):

    Davies JA

  • Date:

    19 Mar 2002

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2001] QSC 48809 Nov 2001Applicant applied for order to terminate respondent's arbitration proceeding; where respondent commenced arbitration 6 years after completion of works; whether respondent acted with due diligence in taking steps as required by s 46(1) of Commercial Arbitration Act 1990 (Qld); arbitration proceeding terminated: Jones J
QCA Interlocutory Judgment[2002] QCA 9619 Mar 2002Respondent's appeal from [2001] QSC 488 vacated and listed for new hearing date: Davies JA
Appeal Determined (QCA)[2002] QCA 181 [2003] 1 Qd R 22831 May 2002Respondent appealed against [2001] QSC 488; whether communication of dispute was pre-requisite for existence of same within meaning of s 46(1) of Commercial Arbitration Act 1990 (Qld); held that communication between parties was not pre-requisite for existence of dispute and appeal dismissed with costs: M McMurdo P, Williams JA and Cullinane J

Appeal Status

Appeal Determined (QCA)

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