 ... that court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains,...  Acts of the Parliament of South Australia - Page 2by South Australia - 1891Full view - About this book
 | 1894 - 1486 pages
...have always been, and still remain, ready and willing to have the dispute settled by arbitration, and to do all things necessary to the proper conduct of the arbitration." The pursuers admitted that they refused to appoint an arbiter, but explained " that the present dispute... | |
 | Joshua Slater - 1886 - 298 pages
...Court or a Judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. 5. In any of the following cases : — Power for. the court m (a.) Where a submission provides that... | |
 | 1889 - 202 pages
...court or a judge thereof is satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. 5. Power for the court in certain cases to appoint an arbitrator, umpire, or third arbitrator. —... | |
 | Francis Russell, Herbert Russell - 1891 - 1044 pages
...court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. S. 6. In any of the following cases:— Power for the (a.) Where a submission provides that the reference... | |
 | Thomas Brett - 1891 - 822 pages
...judge thereof, if satisfied that there is no sufficient reason why the matter should nut be referral in accordance with the submission, and that the applicant...remains, ready and willing to do all things necessary <o the proper conduct of the arbitration, may make an order staying the proceedings. The Court has... | |
 | Sir Henry Wilmot Seton - 1891 - 1018 pages
...Bustros v. Lenders, LR 6 CP 259. As to the meaning of the requirement that the applicant sheuld "be readv and willing to do all things necessary to the proper conduct of the reference, ' and that he must be ready to refer the whele matter, see Davis v. Starr, 41 Ch. Div. 247.... | |
 | Banister Fletcher - 1893 - 156 pages
...court or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...of the arbitration, may make an order staying the proDnder the Eailway Companies Arbitration Act, 1859 (22 & 33 Viet., o. 59), an agreement to refer... | |
 | James Moriarty, New South Wales - 1893 - 96 pages
...proceedings are pending, and to that Court; the affidavit of applicant must show that he was at all times ready and willing to do all things necessary to the proper conduct of the proceedings and his readiness and willingness to refer. [Gillett v. Thornton.] (3) Before plea or any... | |
 | Eugene Leggett - 1894 - 790 pages
...Court or a Judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. 5. In any of the following cases :— Power for the (a.) Where a submission provides that the reference... | |
 | William Henry Dumsday - 1894 - 508 pages
...court or a judge thereof if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that...arbitration, may make an order staying the proceedings. Sect. 5. In any of the following cases : — (a) Where a submission provides that the reference shall... | |
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