SHIPOWNERS’ MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) (THIRD THIRD PARTY) v. HODGETTS AND QUEENSLAND MARINE AND GENERAL INSURANCE PTY LTD. (FIRST THIRD PARTY) DAVIS v. RIVERS INSURANCE BROKERS PTY LTD. (SECOND THIRD PARTY)

[2000] 1 Lloyd's Rep. 58

AUSTRALIASUPREME COURT OF QUEENSLAND

Before Fitzgerald, P., Davies, J.A. and Dowsett, J.

Arbitration - Arbitration clause - Stay of action - Whether action should be stayed pending arbitration pursuant to s. 7(2) of the International Arbitration Act, 1974 - Whether issue between defendant and third party or between third party and another third party could be determined where no relief claimed - Whether difference or dispute within meaning of arbitration clause - Meaning of “matter” in s. 7(2)(b) - Whether matter in dispute between the first respondent and appellant also matter in dispute between first respondent and second respondent - Whether dispute between appellant and first respondent capable of settlement by arbitration.