Hallen et al. v. Angledal et al.
New South Wales Supreme Court
[1999] NSWSC 552 (1999)
- Written by Whitney Waldenberg, JD
Facts
Lars Hallen and several other individuals (collectively, Hallen) (plaintiffs) entered into an agreement with Sven-Olov and Margaretha Angledal (collectively, Angledal) (defendants) under which Hallen agreed to transfer their ownership of an Australian company to Angledal. The agreement provided for arbitration in Sweden. A dispute arose, arbitration commenced in Swedish, and the arbitral panel issued an award against Angledal and in favor of Hallen. Angledal did not pay the award, and Hallen sought leave from the New South Wales Supreme Court to enforce the award. Angledal filed a motion to adjourn the proceedings on the ground that Angledal had initiated court proceedings before the Karlstads tingsratt (Karlstads district court) in Sweden to declare the agreement invalid. Angledal argued that the court should adjourn the proceedings because the Swedish court, as a competent authority, was reviewing an application to set aside the award. Hallen argued that Angledal had failed to demonstrate that the proceeding was pending before a competent authority and, therefore, the enforcement proceeding should not be adjourned.
Rule of Law
Issue
Holding and Reasoning (Rolfe, J.)
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