Summary

Application for stay of proceedings - Expert determination clause - Royalty agreement - Breach of contract.

Legislation: Commercial Arbitration Act 2012 (WA). Result: Defendant's application for stay of proceedings dismissed.

Overview

These proceedings were commenced by writ of summons on 23 February 2024. In the proceedings, the plaintiff, Silverstream SEZC (Silverstream), a company incorporated in the Cayman Islands, sues the defendant, Titan Minerals Ltd (Titan) for alleged breaches of four royalty agreements. In respect of one royalty agreement, Silverstream seeks damages. In respect of the other three agreements, it seeks specific performance and/or damages.

In this application, Titan seeks orders that the proceedings be stayed until the completion of an expert determination said to be mandated by the royalty agreements...