27 Sept 2018
LINWOOD v RANCHHOD [2018] NZHC 2532
- Citation
- [2018] NZHC 2532
- Court
- High Court
Clause 4.2 of the mediated settlement agreement conferred sufficient contractual jurisdiction on the appointed expert to determine the majority of matters incidental to sale (including choice of agent, commission and appointment of conveyancer in absence of agreement) and an implied term binds the parties to the expert's determination; however the expert lacked contractual jurisdiction to determine when the defendant must vacate the family home (and related 'dressing' orders) because those matters were inconsistent with the parties' antecedent arrangements and background; consequently the cou…