4 Oct 2010
CONCRETE STRUCTURES (NZ) LIMITED v NZ WINDFARMS LIMITED CA CA239/2009
- Citation
- openlaw-007e90ac_1f15_4b4c_a4c2_400f394b715a.pdf
- Court
- Court of Appeal
The 14 March 2008 letter, read in its contractual and commercial context, was at least arguably an effective notice referring the dispute to arbitration as a reasonable recipient would have so construed it; whether it actually constituted notice to NZ Windfarms depends on receipt (which must be determined at trial). The Rotorua appeal was rendered moot by payment and discontinuance but costs were awarded to the appellant given the appropriateness of the appeal; the Christchurch interlocutory decision was not appealable but on review the Associate Judge's decision was set aside and High Court…