Narayanasamy v VM (Qld) Pty Ltd
[2012] QDC 125
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Exit Distraction Free Reading Mode
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
- Unreported Judgment
- Narayanasamy v VM (Qld) Pty Ltd[2012] QDC 125
- Add to List
Narayanasamy v VM (Qld) Pty Ltd[2012] QDC 125
Narayanasamy v VM (Qld) Pty Ltd[2012] QDC 125
[2012] QDC 125
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 1229 of 2012
KITCHAPPA NARAYANASAMY & ANOTHER | Applicant |
and | |
VM (QLD) PTY LTD | Respondent |
BRISBANE
DATE 18/04/2012
ORDER
CATCHWORDS | Commercial Arbitration Act 1990 s 33 No reason shown by respondent why discretion to grant leave to enforce an arbitrator's award as a judgement of the court should not be exercised |
HIS HONOUR: I'll make orders in terms of paragraphs 1, 2 and 3 of the originating application. The director of the respondent, Mr Manickam, has appeared to oppose this application seeking leave under section 33 of the Commercial Arbitration Act 1990 for enforcement of an arbitrator's award as a judgment of the court and for entry of judgment in terms of the arbitrator's award by simply picking up the language of the section which provides the means by which an arbitrator's award in this State may be made enforceable.
The submissions the court has heard against making the order are essentially revisiting the issues which the arbitrator determined in favour of the applicants by making a declaration that lease arrangements between the parties had come to an end and that the applicants were entitled to their costs of the arbitration. It seems to me the court, in circumstances where there's nothing casting doubt on the arbitrator's determination, this being a matter for other proceedings, has no real alternative but to exercise the discretion granted by the section in the way the applicants seek. Those are the orders.