14 Oct 2005
P DE NICOLO & J DE NICOLO V FLETCHER CONCRETE AND INFRASTRUCTURE LTD TRADING AS FIRTH INDUSTRIES HC HAM CIV 2005-419-000853
- Citation
- openlaw-b0626f4f_0733_4bf4_98ea_0c05262e0306.pdf
- Court
- High Court
The appeal was dismissed because the High Court found the District Court proceeding amounted to an abuse of process and a collateral attack on a final arbitral finding: the critical issue of Haddonstone's fault causing the plaintiffs' loss had been fully determined at a five‑day arbitration, and allowing the new proceeding would improperly relitigate those issues despite sufficient contractual 'inter‑connectiveness' between Firth and the builder to displace the appellants' attempt to litigate anew.