11 Sept 2007
ASIAN FOODS WEST CITY LTD V WEST CITY SHOPPING CENTRE LTD HC AK CIV 2007-404-1215
- Citation
- openlaw-a852b266_0925_43a0_a097_f62703c814a0.pdf
- Court
- High Court
Even assuming the award could be set aside, the substantive legal position remained that the letter of intent, as accepted, constituted a binding conditional surrender, the special conditions were satisfied by the stipulated date, the arbitrator had jurisdiction and there was no breach of natural justice; therefore the award was correct in substance and the application to set it aside was dismissed, with indemnity costs awarded to the defendant and costs ordered against the applicant and its agent (subject to exhaustion against the company first).