17 Jan 1997
ATTORNEY GENERAL v. SHIMIZU CORPORATION
- Citation
- ATTORNEY GENERAL v. SHIMIZU CORPORATION
- Court
- Court of Appeal
- Case number
- CACV80/1996
The Court held that the arbitrator's unauthorised departure from the parties' agreed 'guillotine' procedure constituted misconduct justifying remission; global claims presented without adequate alternative particulars are high‑risk and, if unproven, must fail rather than be revived by later particulars; accordingly the rubbish removal claim was remitted to the arbitrator on terms (to be reconsidered on existing material) while the orders remitting Shimizu's three global claims were quashed; leave to appeal was granted on the construction of Clauses 73 and 76 (valuation of variations) and on t…