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Editorial Notes
Published Case Name:
CMC Cairns v Isocob
Shortened Case Name:
CMC Cairns v Isocob
MNC:
[2001] QSC 488
Court:
QSC
Judge(s):
Jones J
Date:
09 Nov 2001
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2001] QSC 488
09 Nov 2001
Applicant 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 96
19 Mar 2002
Respondent'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 228
31 May 2002
Respondent 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
