Codelfa-Cogefar (NZ) Ltd v Attorney-General - [1981] 2 NZLR 153

Crown — Crown proceedings — Arbitration — Interim declaration against the Crown — Plaintiff brought proceedings against the Crown alleging breach of contract by Ministry of Works — Crown sought a stay of proceedings claiming that the matter at issue ought to be decided by arbitration — Plaintiff sought an interim declaration that the defendant be restrained from its breach of contract until such time as the Court or arbitrator decided whether a breach had been proved — Whether stay should be granted — Whether Court had jurisdiction to grant an interim declaration against the Crown — Arbitration Act 1908, s 5 — Crown Proceedings Act 1950, s 17.