Administration of Norfolk Island v SMEC Australia Pty Ltd

1. A stay of the principal proceedings be granted upon the following conditions: (a) liberty be reserved to the Administration to move this Court for the discharge of the stay in the event that Kaipara does not forthwith give a written notice requesting that this dispute be subject to an expert determination process of the kind described in cl 45 of the Special Conditions of the Kaipara Agreement; and (b) liberty be reserved to the Administration to move this Court for the discharge of the stay in the event that Kaipara fails to use its best endeavours to facilitate the expeditious determination of the expert determination process.

2. No order as to costs.

IN THE SUPREME COURT

OF NORFOLK ISLAND

SC 2 OF 2003

IN THE MATTER OF:

THE ADMINISTRATION OF NORFOLK ISLAND

Plaintiff

AND:

SMEC AUSTRALIA PTY LIMITED

First Defendant

KAIPARA LIMITED (formerly known as Kaipara Excavators Limited)

Second Defendant