Rinehart v Rinehart

[2021] NSWCA 228

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory orders
4. › Referral to arbitration and stay of proceedings
5. › Whether substantial reasons to allow appellate review
6. › Whether issue of principle, question of public importance or reasonably clear injustice
7. › Commercial Arbitration Act 2010 (NSW), ss 2, 8, 16
1. Arbitration
2. › Commercial arbitration
3. › Referral to arbitration under statute
4. › Scope of arbitration agreement
5. › Construction of arbitration clause
6. › Whether disputes 'under' the deed
7. › Liberal construction of arbitration clauses
8. › Commercial Arbitration Act 2010 (NSW), s 8
1. Arbitration
2. › Commercial arbitration
3. › Competence-competence
4. › Whether question of party's capacity as trustee is for arbitral tribunal
5. › Commercial Arbitration Act 2010 (NSW), s 16
1. Practice and Procedure
2. › Stay of proceedings
3. › Discretionary stay of s 247A Corporations Act application pending arbitration
4. › Whether House v The King error established
5. › Corporations Act 2001 (Cth), s 247A

Quick Take

Where a party has executed an arbitration agreement, questions about the scope of that party's capacity under the agreement are for the arbitral tribunal under s 16 of the Commercial Arbitration Act, and the narrower 'governed or controlled' construction from Rinehart v Welker is no longer available following the High Court's decision in Rinehart HCA.