16 Jun 2006
ATTORNEY-GENERAL V FEARY HC WN CIV-2006-485-610
- Citation
- openlaw-ba2b9eda_2222_4371_8903_7983160fecc1.pdf
- Court
- High Court
Interpreting clause 2 of the 2004 Settlement Agreement in its factual matrix, including clause 10 of the 2002 Deed and the complex history between the parties, the phrase "the correct interpretation of clause 4" embraces the construction of the agreement recorded in clause 4 and therefore includes consideration of alleged implied terms and, subject to evidential and pleading constraints, alleged oral terms; accordingly the arbitrator has jurisdiction to determine those issues and the Court upheld the arbitrator's ruling.