New Zealand Case Law: Decisions & Judgments

THE GAMA FOUNDATION v FLETCHER STEEL LIMITED [2021] NZHC 635

Citation

[2021] NZHC 635

Court

High Court

The Court found on the factual evidence and contemporaneous notes that Gama unequivocally withdrew the pleaded repudiation during opening submissions; consequently there was no breach of natural justice in the arbitrator disregarding the repudiation submission and no basis to set aside part of the award; the application was dismissed and costs awarded to the defendant.

17 Jul 2009

TODD PETROLEUM MINING COMPANY LIMITED V SHELL (PETROLEUM MINING) COMPANY LIMITED HC WN CIV-2008-485-2816

Citation: openlaw-c5d2cbf3_4976_4762_8d77_2642be5bff86.pdf
Court: High Court

The Court held that paragraph 173(b) and the challenged parts of the interim award (173(a)–(d)) and subsequent February and May rulings must be set aside because material breaches of the rules of natural justice occurred—the arbitrator relied on significant reasoning (casting vote at KMC level and implied fiduciary obligations) that, although arguably within the range of arguments available, were not properly pleaded or argued and caused prejudice; consequently the matters are to be re-heard before the arbitrator (remission), with leave reserved for further directions.