25 Mar 2013
WATERS V PERRY FOUNDATION HC HAM CIV-2011-419-1790
- Citation
- openlaw-01f8347a_c345_4ffb_ae6e_1a1dbc95c2c6.pdf
- Court
- High Court
Clause 9.3 remained enforceable: s 17 Interpretation Act preserves the duty created under the expired Exemption Notice; the deed architecture and accession documents show Covenant Trustee Company Ltd succeeded as scheme/statutory supervisor and can appoint an independent determiner; the site agreements confer exclusive possession (are leases) and are therefore excluded from s 11 Arbitration Act 1996; parties were contractually bound to the alternative dispute resolution and the High Court proceedings are an abuse of process and must be stayed.