|
Melbourne Office - PO Box 452, COLLINS STREET WEST VIC 8007 AUSTRALIA Sydney Office - GPO Box 2506, SYDNEY NSW 2001 AUSTRALIA Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600 Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044 Email:adr@arbitrator.com.au Internet:http://www.arbitrator.com.au |
User Tools
Sidebar
are_there_any_reported_decisions_of_your_mr_white
Table of Contents
Resume
Mr White’s Reported Arbitral Decisions
- Our Mr White has more reported arbitrations than any other arbitrator in Australia. In every case his arbitral decisions have been upheld by the Court and become enforceable judgments of the Court as if they were made by a Court in the first instance. His reported decisions, set out below, have included jurisdiction, specific performance, injunctions, damages, declarations, proceedings against third parties and substantial costs orders in relation to technically complicated subject matter. Third parties commentators have said in relation to Mr White's work that the brevity of the process and the positive outcome, in that the award was enforced, bodes well for the efficacy of enforcement actions pursuant to the new Act. His decisions have been cited with approval and followed by various Courts in subsequent cases.
-
- Our Mr White was the arbitrator in this matter.
- Mr White's costs award of approximately $1m was upheld by the Supreme Court of New South Wales.
- Followed in:
- Followed by the Full Federal Court in:
- Cited with approval in:
-
- Our Mr White was the arbitrator in this matter.
- Award by arbitrator declaring a constructive trust, ordering specific performance of a Licencing Agreement and requiring the defendant to take steps
- Recognition and enforcement opposed on the basis that part of the Award dealt with the dispute not contemplated by or falling within the terms of arbitration and that recognition and enforcement of parts of the Award would be contrary to the public policy of this State
- Orders for recognition and enforcement made
- For third party commentary about this leading decision please visit the following links:
-
- Our Mr White was the arbitrator in this matter.
- Corporations Act 2001 (Cth), s440D
- An application for leave to bring and continue proceedings against a company in voluntary administration for recognition and enforcement of an arbitral award pursuant to Commercial Arbitration Act 2010 (NSW) s 35
- Nature of discretion to be exercised
- Relevant circumstances
- Leave granted
- For third party commentary about this leading decision please visit the following links:
- Followed in
- Cited with approval in
- Cited in
-
- Our Mr White was the arbitrator in this matter which included two substantial arbitrations involving renewable energy technology.
- This was one of the first reported cases under the leading arbitration legislative instrument in Australia namely the Commercial Arbitration Act 2010 (NSW) which follows the UNCITRAL model and is being adopted in slightly different forms in each state and territory of Australia.
- This case was also cited with approval in:
- For third party commentary about this leading decision please visit the following links:
-
- This was the first decision under the new Act for recognition and enforcement of an arbitral award. The brevity of the process and the positive outcome, in that the award was enforced, bodes well for the efficacy of enforcement actions pursuant to the new Act.
-
- Our Mr White did all the preparatory arbitration work for Tenix Solutions IMES Pty Ltd for over 12 months including running the dispute process which was the subject of this reported decision.
- Domain Name Decisions
- thinktelecom.com.au - Sole Arbitrator.
- 13taxi.com.au - Sole Arbitrator.
- aussiepigs.com.au - Sole Arbitrator.
- schoolinterviews.net.au, schoolinterview.com.au - Sole Arbitrator
- costumesdirect.com.au - Arbitrator in three member arbitrator panel in relation to a domain monetisation dispute. This is the leading decision on domain monetisation in Australia.
- jjdavies.com.au - Sole Arbitrator
- Redrock Holdings Pty Ltd & Hotline Communications Ltd v Hinkley 18), Hotline Communications Ltd v Hinkley 19), A2B Telecommunications Pty Ltd v Hinkley 20)
- Our Mr White acted as solicitor for Redrock Holdings Pty Ltd in relation to successful copyright infringement claims against a former employee of Redrock.
- This is the leading case in Australia in relation to, amongst other things, the ownership of software created by employees including, without limitation, class libraries.
- As part of the litigation a successful application was made to the Court to inspect software obtain using an anton piller order by a third party in its own litigation against the former employee.
-
- This is not an arbitration decision but it was a very early leading domain name decision at a very important time for the development of the internet and class litigation.
Unreported Decisions
- Typically most arbitration decisions are unreported. That is a key advantage of arbitration.
- Our Mr White has heard and made many arbitral decisions of substantial disputes including, without limitation:
- intellectual property licences and distribution agreements
- constructive trusts and equitable relief in relation to intellectual property
- breach of contract (including orders for specific performance)
- breaches of fiduciary duty
- unconscionable conduct in relation to lost opportunities and application of equitable relief in accordance with the principles set out in Pallant v Morgan 22)
- research and development agreements
- intellectual property ownership
- telecommunication systems and billing
- telecommunication access
- hardware and software implementations
- applications for interlocutory relief (including injunctions)
- the scope of discovery including resolution of the categories of documents to be discovered
- the application of Legal Professional Privilege to both discovered and subpoenaed documents
- the application of Common Interest Legal Professional Privilege to both discovered and subpoenaed documents
- the application of Without Prejudice Privilege to both discovered and subpoenaed documents
- disclosure of confidential information to a non-arbitral party pursuant to Section 27G of the Commercial Arbitration Act 2010 (NSW)
- whether or not particular discovery should be permitted pursuant to Section 19(2) of the Commercial Arbitration Act 2010 (NSW)
- awards of legal costs in excess of $2m
- whether or not costs should be immediately determined and payable or determined and paid at the end of the arbitration
- whether interest should be payable on costs awards
- whether a Tribunal should proceed with the arbitration whilst it is subject to appeal pursuant to s16(9) of the Commercial Arbitration Act 2010 (NSW)
Expert Determinations
- Our Mr White has made many expert determinations including the determination of:
- breach of contract claims and damages in relation to hardware and software disputes.
- breach of contract claims and damages in relation to telecommunications billing disputes.
Intellectual Property, Information Technology and Telecommunications Audits
- Our Mr White conducted many audits including
- the auditing of whether or not information technology infrastructure has be properly decommissioned and if so when
- the auditing of the removal of intellectual property and other electronic data.
Court Order Supervision
- Our Mr White has supervised the execution of Anton Piller Orders on behalf of the Federal Court.
Defence Force Proceedings
- Our Mr White also has experience in proceedings under the Defence Force Discipline Act 1982.
More Information
1)
[2011] NSWSC 1567
2)
[2013] FCCA 1898
4)
[2015] FCAFC 63
6)
[2011] NSWSC 1331
7)
[2011] NSWSC 1305
8)
[2013] NSWSC 1099
9)
[2012] FCA 586
10)
[2012] FCA 1204
11)
[2012] FamCA 760
12)
[2016] NSWSC 509
13)
[2013] NSWSC 380
14)
[2011] NSWSC 268
15)
[2011] NSWSC 1238
16)
[2012] NSWCA 95
17)
[2010] VSC 176
18)
[2001] VSC 91
19)
[1999] VSC 74
20)
[1999] VSC 76
21)
[1998] FCA 818
22)
[1952] Ch 43
Page Tools
© White SW Computer Law 1994-2019. ABN 94 669 684 644. All Rights Reserved.
Liability limited by a scheme approved under Professional Standards Legislation
This website is a guide only and should not be used as a substitute for proper legal advice.
Readers should make their own enquiries and seek appropriate legal advice.
For legal advice please email wcl@computerlaw.com.au
Liability limited by a scheme approved under Professional Standards Legislation
This website is a guide only and should not be used as a substitute for proper legal advice.
Readers should make their own enquiries and seek appropriate legal advice.
For legal advice please email wcl@computerlaw.com.au