Michael Henry SC has successfully defended a client in one of the most expeditiously determined cases in the Supreme Court of New South Wales in recent times. On 29 August 2019 Inghams Enterprises Pty Ltd (“Inghams Chickens”) commenced proceedings against a commercial chicken farmer, Mr Hannigan, seeking declaratory relief to the effect that Mr Hannigan was not entitled to refer a dispute between the parties to arbitration. Inghams Chickens advanced a contractual construction argument and, in the alternative, alleged that Mr Hannigan had waived his entitlement to refer the dispute to arbitration. The first return date was before the Duty Judge on 5 September 2019 and the final hearing occurred on that day. Judgment was delivered by Slattery J on 16 September 2019: Inghams Enterprises Pty Ltd v Hannigan [2019] NSWSC 1186. His Honour upheld Mr Henry SC’s arguments in rejecting both of Inghams Chickens’ claims.
The proceedings were commenced and finally determined in only 19 days. It was the second case between the parties finally determined in the Supreme Court this year. Mr Hannigan, represented by Mr Henry SC, has won both: see also Hannigan v Inghams Enterprises Pty Ltd [2019] NSWSC 321.
