1 Dec 2014
Applying the objective test for apprehended bias and requiring a logical connection between any relationship and a feared deviation, the Court found the evidence did not establish a real possibility of bias or conflict that would disqualify Mr Maiden; the application to remove him as arbitrator was dismissed and the substantive proceeding disposed of.
24 Sept 2013
The Court refused an open-market/IPO sale and most ancillary sale-process orders and instead ordered that the Sturgess interests must sell their shares at the fair market value to be determined by the existing arbitration, fixed the valuation date as the date of the arbitration hearing, entered judgment for unpaid management fees and interest in favour of John Sturgess & Associates Ltd, ordered damages claimed by Greymouth Petroleum Holdings Ltd against JSAL and J G Sturgess to be assessed by enquiry, and made limited interim governance orders (director replacement and suspension of pre-empti…
19 Dec 2008
The court exercised its discretion on costs in light of an unexplained and inordinate default by Charles Kain in obtaining a valuation; although the default could give rise to damages, it was more theoretical, and therefore the appropriate costs order was to award half of the claimed costs plus disbursements and to direct that Mr Weston's costs be met from the Wellwoods Trust.