MacCormac Products Ltd v Monaghan Co-Operative Ltd

• Jurisdiction: Ireland
• Judge: O'Hanlon J.
• Judgment Date: 22 June 1988
• Neutral Citation: 1988 WJSC-HC 2559
• Docket Number: No. 3407P/1988,[1988 No. 3407P]
• Court: High Court
• Date: 22 June 1988

1988 WJSC-HC 2559

THE HIGH COURT

No. 3407P/1988

MACCORMAC PRODUCTS LTD v. MONAGHAN CO-OP & DAIRY SOCIETY LTD

BETWEEN/

MAC CORMAC PRODUCTS LIMITED

PLAINTIFF

AND

TOWN OF MONAGHAN CO-OPERATIVE AGRICULTURAL AND DAIRY SOCIETYLIMITED

DEFENDANT

Citations:

WHITE BOOK 1963 V2 P3359

HALSBURY'S LAWS 4ED V2 PARA 563

ARBITRATION ACT 1980 S5

WHITE BOOK 1963 V1 P1818

HOULSTON V WOODALL 1884 78 LTJ 113

Synopsis:

WORDS AND PHRASES

"Steps in the proceedings"

Contract - Dispute - Arbitration clause - Election - Jurisdiction of court invoked by party to contract - Appearance entered - Defendant restrained by injunction from discontinuing supply of goods pending determination of plaintiff's action - Subsequent application by plaintiff for order staying his own action - Application dismissed as step taken after appearance entered - ~See~ Action, stay - (1988/3407 P - O'Hanlon J. - 22/6/88)

|Mac Cormac Products v. Town of Monaghan Co-Operative|

ARBITRATION

Procedure

Adoption - Election - Contract - Dispute - Arbitration clause - Action instituted by party to contract - Appearance entered by other party - Plaintiff obtained interlocutory injunction restraining defendant from discontinuing supply of goods pending determination of plaintiff's action - Subsequent application by plaintiff for order staying his own action - ~See~ Action, stay - (1988/3407 P - O'Hanlon J. - 22/6/88)

|Mac Cormac Products v. Town of Monaghan Co-Operative|

PRACTICE

Action

Stay - Contract - Dispute - Arbitration clause - Election - Action instituted by party to contract - Appearance entered by other party - Plaintiff obtained interlocutory injunction restraining defendant from discontinuing supply of goods pending determination of plaintiff's action - Subsequent application by plaintiff for order staying his own action - ~See~ Action, stay - (1988/3407 P - O'Hanlon J. - 22/6/88)

|Mac Cormac Products v. Town of Monaghan Co-Operative|

ACTION

Stay

Contract - Dispute - Arbitration clause - Election - Court's jurisdiction invoked by party to contract - Defendant restrained from alleged breach of contract pending determination of plaintiff's claim - Plaintiff's subsequent application for order staying his action - Section 5, sub-s. 1, of the Act of 1980 states that, where a party to an arbitration agreement commences any proceedings in any court against any other party to the agreement in respect of any matter agreed to be referred to arbitration, any party to the proceedings may, at any time after an appearance has been entered and before delivering any pleadings or "taking any other steps in the proceedings", apply to the court to stay the proceedings - The sub-section provides that the court shall stay the proceedings unless the court is satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed, or that there is not in fact any dispute between the parties with regard to the matter agreed to be so referred - By an agreement dated 12/3/79 the defendants contracted to supply the plaintiffs with a large quantity of skim milk each year for 15 years at a price to be determined in the manner therein provided - A dispute arose between the parties about whether, in view of changed circumstances, the defendants were still bound to perform their obligations under the agreement - In 1988 the defendants threatened to discontinue the supply of skim milk and the plaintiffs instituted this action in the High Court; on 5/5/88 the defendants entered an appearance in the action - In their summons the plaintiffs claimed injunctions and damages - The plaintiffs obtained in their action (a) an interim injunction compelling the defendants to continue the said supply and (b) an interlocutory injunction on 16/5 compelling the defendants to continue that supply pending determination of the plaintiffs' action - Having obtained those injunctions, the plaintiffs applied to the court pursuant to order 56, r. 2, for...