Westport Insurance Corporation v Gordian Runoff Ltd
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Heydon,Crennan,Kiefel,Bell JJ.,Heydon J.,Kiefel J. |
| Judgment Date | 05 October 2011 |
| Neutral Citation | 2011-1005 HCA D,[2011] HCA 37 |
| Court | High Court |
| Docket Number | Matter No S110/2010 |
| Date | 05 October 2011 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
29 cases
-
BHP Group Ltd v Impiombato
...at 601; Kay's Leasing Corporation Pty Ltd v Fletcher (1964) 116 CLR 124 at 142-143; Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239 at 257 [4]. See also Akai Pty Ltd v People's Insurance Co Ltd (1996) 188 CLR 418 at 443; Insight Vacations Pty Ltd v Young (2011) 243 CL......
-
Moti v The Queen
...at 406 [20]; 275 ALR 408 at 414; [2011] HCA 4. 175Westport Insurance Corporation v Gordian Runoff Ltd (2011) 85 ALJR 1188 at 1194 [20]; 281 ALR 593 at 599; [2011] HCA 176Rogers v The Queen (1994) 181 CLR 251 at 257 and 280. 177D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 at 34–35 [......
-
TCL Air Conditioner (Zhongshan) Company Ltd v The Judges of the Federal Court of Australia
...147 and replacing that jurisdiction with a statutory means of review for legal error were considered by this Court in Westport Insurance Corporation v Gordian Runoff Ltd148. 99 For present purposes, it is sufficient to note that the common law jurisdiction to set aside an award for error of......
-
Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd
...to the General Commissioners of Income Tax”, (1997) British Tax Review 119. 152Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239 at 264 [32] per French CJ, Gummow, Crennan and Bell JJ; [2011] HCA 37. See Kent v Elstob (1802) 3 East 18 [ 102 ER 502]; Hodgkinson v Fernie ......
Request a trial to view additional results
8 firm's commentaries
-
Oil Basins rises from the ashes? Westport Insurance Corporation & Ors v Gordian Runoff Limited [2011] HCA 37
...http://legalnetworkzen.blogspot.com/Oil Basins rises from the ashes? Westport Insurance Corporation & Ors v Gordian Runoff Limited [2011] HCA 37 By Jessica Kinny and Greg Moss of Gadens Lawyers, Sydney October 06, 2011 On 5 October 2011, the High Court of Australia (HCA) handed down its dec......
-
Oil Basins rises from the ashes? Westport Insurance Corporation & Ors v Gordian Runoff
...every day legal practitioners are finding it increasingly difficulty to provide certainty in their advice to their clients. Footnotes 1 [2011] HCA 37 2 per French CJ, Gummow, Crennan and Bell JJ at [36]. 3 ((2007) 18 VR 346) 4 [2010] NSWCA 57. 5 [2007] VSCA 255; 18 VR 346. 6 Gordian Runoff ......
-
Arbitrating Parties Free To Choose Applicable Law
...by a domestic court in Australia, such as fraud. For example, in Westport Insurance Corporation and Others v Gordian Runoff Ltd (2011) 281 ALR 593 an arbitral award was set aside on the basis of public policy due to a lack of reasoning in the For example, parties could choose an instrument ......
-
Reinsurers win decade-long battle in High Court
...like to discuss the implications of this judgment for your business. Footnote 1 Westport Insurance Corporation v Gordian Runoff Limited [2011] HCA 37. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spec......
Request a trial to view additional results
3 books & journal articles
-
AN INTERNATIONALIST APPROACH TO INTERPRETING PRIVATE INTERNATIONAL LAW? ARBITRATION AND SALES LAW IN AUSTRALIA.
...specifically addressed the CISG (n 10) to mark the 40th anniversary of its conclusion at the 1980 Vienna Diplomatic Conference. (338) (2011) 244 CLR 239, 275-88 [73]-[112] ('Gordian Runoff (339) Oil Basins Ltd v BHP Billiton Ltd (2007) 18 VR 346, 366 [54] (Buchanan, Nettle and Dodds-Streeto......
-
Sufficiency of Reasons in Arbitration Awards
...incorporated reference to s 22 of the CAA . That section of the Act provided: 3 Westport Insurance Corporation v Gordian Runoff Ltd [2011] HCA 37. 4 The arbitration hearing took place between 14 July - 22 July 2008; the award was published on 10 October 2008; the judgment of the High Court ......
-
Pro-Arbitration Policy in the Australian Courts — the End of Eisenwerk?
...3 Cf Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239, 261 –2 [19]–[20] (French CJ, Gummow, Crennan and Bell JJ) — in the domestic arbitration context. 4 [2001] 1 Qd R 461. 5 Nigel Blacka by et al, Redfern and Hunter on International Arbitration (Oxford University Pres......