20 Dec 2018
WORLDWIDE HOLIDAYS LIMITED v YING LIU [2018] NZHC 3443
- Citation
- [2018] NZHC 3443
- Court
- High Court
The Court lacks jurisdiction to grant the mandatory interim orders sought because they fall outside the Arbitration Act's definition of 'interim measures' and would substantially undermine the parties' agreed arbitration process; the Court's inherent jurisdiction is constrained by the Act and the arbitration agreement and cannot be used to circumvent arbitration, and no necessary basis existed to make orders against the proposed expert as a true third party; accordingly the proceeding is dismissed for want of jurisdiction.