22 Nov 2023
RAU PAENGA LTD v CPB CONTRACTORS PTY LTD [2023] NZHC 3329
- Citation
- [2023] NZHC 3329
- Court
- High Court
Leave to appeal was refused because CPB failed to demonstrate a sufficiently arguable error of law or fact on matters relevant to leave; the High Court correctly applied Arbitration Act principles and Channel Tunnel reasoning to grant interim relief preserving the status quo to allow the Engineer's contractual determination and the agreed arbitration process to operate; subsequent determination by the Engineer and the balance of harm supported refusal of leave.