2 Apr 2014
Nopera failed to establish an arguable case that the Godsiffs' conduct caused its failure to confirm the due diligence clause by the deadline; accordingly the Godsiffs were entitled to cancel and the caveat could not be sustained even though, generally, a contract conditional on OIA consent can pass an equitable interest.
15 Feb 2012
The Ministers misdirected themselves by assessing s17(2)(a) economic benefits against the status quo before‑and‑after rather than by asking what would likely occur without the overseas investment ('with and without' counterfactual); business acumen need not be narrowly industry specific; plaintiffs had sufficient interest to have standing; consequence: consent set aside and matter remitted for reconsideration by the Ministers.
8 Jul 2011
The Court applied the narrow review permitted by Arbitration Act Article 34: most of CKI's grounds failed because the arbitrator applied correct legal principles and had probative evidence for his findings; Article 34(6) can treat breaches of natural justice as public policy but the Court will exercise discretion and not set aside awards for minor or non-prejudicial breaches; CKI's application to set aside the interim award and remedies ruling was struck out as untenable except for a reasonably arguable procedural unfairness ground relating to the arbitrator's finding on causation (that OIO c…
30 Sept 2008
On the agreed facts the plaintiff used reasonable endeavours to obtain OIO consent, did not cause the failure of the condition, and there was no arguable defence; summary judgment awarded for return of the deposit with interest.