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Wilsons (NZ) Portland Cement Ltd v Gatx-Fuller Australasia Pty Ltd - [1985] 2 NZLR 11

$30.00

High Court Wellington
16, 17, 18 November; 15 December 1983
Hillyer J
Court of Appeal Wellington
10, 11, 14 May 1984
Richardson, Somers and Hardie Boys JJ
Arbitration — Jurisdiction — Referral to arbitration or Court proceedings? - Dispute as to contractor's liability — Whether there was a valid submission to arbitration — Whether notice to appoint arbitrator had been given — Whether the issue to be determined in the dispute was the existence of a contract or the construction of a contract — Whether dispute should be referred to arbitration — Whether Court proceedings should be stayed — Limitation Act 1950, s 29 - Arbitration Act 1908, ss 5 and 6.
Injunction — Mareva injunction — Arbitration — Whether a Mareva injunction was available to a claimant who sought to commence an arbitration and applied to the Court to enforce an arbitration clause — Whether a Mareva injunction was justified in the circumstances of this case.

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