12 Dec 2011
EXAPL LTD and ANOR v PACT GROUP (NZ) LTD HC AK CIV-2011-404-005919
- Citation
- openlaw-b709bc0d_3c72_4152_aa7b_4095d705c1ad.pdf
- Court
- High Court
The Court held the question whether make good provisions fall within the generic categories in Part A of Schedule 7 is jurisdictional but not solely for immediate judicial determination; because the issue requires accounting expertise, the independent expert appointed under clause 7.8/Schedule 4 should first decide whether the items fall within his mandate; the court retains ultimate authority on jurisdictional challenges and on manifest error or fraud; consequently a stay of court proceedings was granted to allow the expert process to proceed first.