AUSTRALIA 49 B

Federal Court of Australia, New South Wales Registry, General Division,  13 September 2018 (Hyundai Engineering & Steel Industries Co Ltd v. Alfasi Steel Constructions (NSW) Pty Ltd (later: Two Ways Constructions Pty Ltd)

13 - 09 - 2018

AUSTRALIA 49 B

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIV (2019)
Jurisdiction Australia
Original full text Full text decision AUSTRALIA 49 B
Excerpt Excerpt decision AUSTRALIA 49 B
Summary

On 13 July 2018 (AUSTRALIA 49 A), the Federal Court granted the application to stay enforcement of a SIAC award pending an annulment action in Singapore and directed the respondent to provide security; adjournment was granted until November 2019, when the Singapore action was exptected to be heard. By the present decision, the Court granted leave to proceed with the enforcement action. This was necessary as a consequence of voluntary administrators having been appointed for the respondent. See also the later decision of 2 October 2018 *AUSTRALIA 49 C).
Related topics
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

 Adjournment of decision on enforcement
AUSTRALIA 49 B