12 Oct 2006
PORTER, I-SPRYE PLC AND PACIFIC TRAVEL HOLDINGS PTY LIMITED V GULLIVERS TRAVEL GROUP LIMITED HC AK CIV-2006-404-5280
- Citation
- openlaw-ea9c2f59_ee36_462c_80db_b696627a7019.pdf
- Court
- High Court
At interlocutory stage the plaintiff failed to establish an arguable case that Gullivers acted in bad faith or unreasonably in declining to produce the post-settlement documents; absent clear bad faith the Court will not restrain referral to the contractually agreed expert, because the expert can decide procedural and disclosure questions and the parties are bound to their agreed dispute resolution process; therefore the injunction must be dismissed and the disputes referred to the expert.