20 Dec 2019
YOUSSEF v MAIDEN [2019] NZHC 3471
- Citation
- [2019] NZHC 3471
- Court
- High Court
Determination quashed because the adjudicator failed to disclose a disqualifying conflict of interest arising from repeat expert instructions connected to the respondent's solicitors, creating a reasonable apprehension of bias under the Saxmere test, and because the adjudicator failed to take into account necessary statutory and contractual considerations (including cl19.2 and relevant law on cancellation/repudiation) when concluding the applicants' cancellation was unlawful.