Table of Contents
Does an arbitration stop because a party becomes subject to an external administration (insolvency)?
Legislation
Cases
Does an arbitration stop because a party becomes subject to an external administration (insolvency)?
Not necessarily, our
Mr White
has made orders against a company subject to external administration (insolvency).
Legislation
Corporations Act
s440C - Owner or lessor cannot recover property used by company
s440D - Stay of proceedings
Commercial Arbitration Act 2010 (NSW)
24B General duties of parties
s35 Recognition and enforcement
Cases
Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited
1)
2)
Auburn Council v Austin Australia Pty Ltd (Administrators Appointed)
3)
Auburn Council v Austin Australia Pty Limited (in liquidation)
4)
Einstein J
1)
[2011] NSWSC 1305
2)
Our
Mr White
was the arbitrator in this matter.
3)
[2004] NSWSC 141
4)
[2007] NSWSC 130, p129-132