New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Setting aside award

Legal area

Court

8 Dec 2022

LAKEWOOD PLAZA LTD PARTNERSHIP v DOWNEY CONSTRUCTION LTD [2022] NZHC 3286

Citation

[2022] NZHC 3286
Court

High Court

Leave to appeal was dismissed because the applicant failed to demonstrate strongly arguable questions of law; the arbitrator's determinations on extension of time, entitlement to variations and P&G thickening were factual findings open to the arbitrator and did not disclose errors of law meeting the statutory threshold for leave under Schedule 2 cl 5 of the Arbitration Act 1996.
18 Dec 2006

B KUMAR AND J KUMAR V MF ASTLEY LTD HC AK CIV 2005-404-6447

Citation

openlaw-618e7edb_ab50_4a6b_9f3d_26cb020a872a.pdf
Court

High Court

The Court held the arbitrator’s challenged findings were supported by some logically probative evidence (notably Mr McKee's calculations) and/or the arbitrator’s expertise; the applicants failed to prove an absence of evidence or that the outcome would have been different had further evidence been available; therefore there was no breach of natural justice amounting to conflict with New Zealand public policy and the arbitral award stands.