6 Apr 2006
SHELL (PETROLEUM MINING) CO LTD V TODD PETROLEUM MINING CO LTD AND ANOR HC WN CIV-2004-485-2233
- Citation
- openlaw-061e7a97_1fc1_448c_bcb1_b98aea0d7486.pdf
- Court
- High Court
s34 relief was refused because the statutory precondition (impracticability of using the constitution's own procedure) was not met, the dispute over retrospectivity fell within the heads of agreement dispute resolution/arbitration clause so a stay would lie, and the Court would not make potentially retrospective amendments without hearing all potentially affected third parties; leave to amend to add a declaration was refused because no live practical issue was shown and affected parties were not before the Court; the proceeding was dismissed.