14 Aug 2007
JOHN ROBERT PORTER, I-SPIRE PLC AND PACIFIC TRAVEL HOLDINGS PTY LIMITED V GULLIVERS TRAVEL GROUP LIMITED CA CA245/06
- Citation
- openlaw-b1b56da6_6ca8_46cb_b618_c503a8756660.pdf
- Court
- Court of Appeal
The Court held there was no arguable case that Gullivers failed to negotiate in good faith; the contractual condition precedent (attendance and best endeavours to negotiate) had been satisfied and remaining disputes about documents and adjustments fall within the agreed expert determination process, which is the proper forum; accordingly the interim injunction ought not be granted and the High Court's refusal was upheld.