6 Apr 2006
CONCRETE STRUCTURES (NZ) LIMITED V PALMER AND ANOR HC ROT CIV-2004-463-825
- Citation
- openlaw-6e5fc362_01b8_445e_89d1_b0d08574ebed.pdf
- Court
- High Court
The High Court will not exercise its discretionary judicial review jurisdiction to hear the substantive challenge at this stage because the District Court is competent to determine the issues (including jurisdiction to award interest and any estoppel), the Construction Contracts Act provides a summary enforcement regime intended as a provisional cashflow measure, and there is no apparent residual risk of uncorrected illegality requiring High Court intervention; accordingly the scheduled fixture is vacated and the parties left to the District Court with leave to apply for a substantive High Co…