FEDERAL COURT OF AUSTRALIA

 

Nicola v Ideal Image Development Corporation Incorporated [2009] FCA 1177 

 

CORRIGENDUM

 

 

PRACTICE AND PROCEDURE – conflict of laws – exclusive jurisdiction clause


PRACTICE AND PROCEDURE – whether proceedings against non-parties to arbitration agreement may be stayed pending arbitration between parties


EVIDENCE - whether evidence as to content of law of Florida admissible


ARBITRATION – claim for stay under International Arbitration Act 1974 (Cth) - whether dispute capable of settlement by arbitration - authority of arbitrator to vary or set aside franchise agreement – whether dispute of a kind suitable for arbitration – whether right to mediation waived by commencement of proceedings



 


 


 


 


GEORGE NICOLA, MIRIAM NICOLA and GEORGE & MIRIAM NICOLA PTY LIMITED v IDEAL IMAGE DEVELOPMENT CORPORATION INCORPORATED and JOHN PACE

NSD 1738 of 2008

 

PERRAM J

16 OCTOBER 2009 (CORRIGENDUM 21 October 2009)

SYDNEY



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

 

GENERAL DIVISION

NSD 1738 of 2008

 

BETWEEN:

GEORGE NICOLA

First Applicant

 

MIRIAM NICOLA

Second Applicant

 

GEORGE & MIRIAM NICOLA PTY LIMITED

Third Applicant

 

AND:

IDEAL IMAGE DEVELOPMENT CORPORATION INCORPORATED

First Respondent

 

JOHN PACE

Second Respondent

 

 

JUDGE:

PERRAM J

DATE:

16 October 2009

PLACE:

SYDNEY


CORRIGENDUM

1                      The judgment in this matter has now been replaced in its entirety.

 

I certify that the preceding one (1) numbered paragraphs is a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Perram.



Associate:


Dated:         21 October 2009