11 May 2006
DOWNER CONSTRUCTION (NEW ZEALAND) LTD V SILVERFIELD DEVELOPMENTS LTD (FORMERLY REDWOOD GROUP NO 8 LTD) HC AK CIV-2005-404-6800
- Citation
- openlaw-e7982ffc_90ab_4f46_9f8e_581c134beb7b.pdf
- Court
- High Court
The High Court held the arbitrator did not err in law: specific performance (ordering Downer to remedy defects) was available and appropriate despite Silverfield not having possession and lacking a right to sue for purchasers' losses, because Downer had contractually promised repair as the primary remedy, damages were inadequate or impracticable to quantify or procure given widespread defects and difficulty in engaging substitute contractors, the order was sufficiently precise and conditional on owners' consents and the arbitrator acted within his discretion and jurisdiction under the Arbitra…