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Laywood v Holmes Construction Wellington Ltd - [2008] 2 NZLR 493

$30.00

High Court Wellington
CIV 2006-404-4152
5, 6 November; 13 December 2007
Asher J
Contract — Construction contract — Enforcement of adjudicator’s determination — Basis upon which award to be enforced by court — Construction Contracts Act 2002, ss 3, 5, 26, 27, 59, 73, 74 and 75.
Practice and procedure — Jurisdiction — District Court — Whether can enter judgment under Construction Contracts Act 2002 for sums in excess of its statutory limit — Whether parties entitled to present oral argument — Whether Court should have declined to enter judgment on basis that moneys already paid — District Courts Act 1947, s 29.
Practice and procedure — Res judicata — Whether entry of judgment would mean that res judicata would apply — New Zealand Bill of Rights Act 1990, s 27(1).

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