Forest Holdings Ltd v Mangatu Blocks Incorporation

[2017] NZHC 1011

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV 2016-470-158 [2017] NZHC 1011

BETWEEN

FOREST HOLDINGS LTD

Applicant

AND

MANGATU BLOCKS INCORPORATION Respondent

Hearing:	17 May 2016 (by telephone)
Counsel:	M D Branch for Forest Holdings Ltd Z Kennedy and M D Toulmin for Mangatu Blocks Inc
Judgment:	17 May 2017

JUDGMENT (NO. 3) OF HEATH J

This judgment was delivered by me on 17 May 2017 at 11.00am pursuant to Rule

11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:
Harkness Henry, Hamilton

Minter Ellison Rudd Watts, Auckland

FOREST HOLDINGS LTD v MANGATU BLOCKS INCORPORATION [2017] NZHC 1011 [17 May 2017]

[1]      Mangatu Blocks Incorporation applies for leave to appeal to the Court of Appeal against my judgment of 15 March 2017, by which I allowed an appeal against an arbitral award on a point concerning damages.1   The application is made pursuant to cl 5(5) of the Second Schedule to the Arbitration Act 1996.  Appeals to the Court of Appeal are restricted to questions of law.

[2]      Mr Kennedy, for Mangatu, sought leave to adduce evidence in support of the application for leave to appeal to the Court of Appeal.   I heard counsel on that application by telephone this morning.   I refused the application, and it is hereby dismissed.   I shall give reasons for that decision when  I give judgment on the substantive application for leave to appeal to the Court of Appeal.

[3]      The application for leave to appeal is set down for hearing before me in

Auckland at 9am on 31 May 2017.  I make the following directions:

(a)       Counsel for Mangatu shall file and serve submissions in support of the application by 4pm on 23 May 2017.

(b)Counsel  for  Forest  Holdings  shall  file  and  serve  submissions  in opposition by 10am on 29 May 2017.

[4]      I ask counsel to co-operate in filing a common bundle of authorities no later than 4pm on 30 May 2017.  That bundle may be filed in Auckland for the attention of my Associate.

[5]      Costs reserved.

P R Heath J

Delivered at 11.00am on 17 May 2017

1      Forest Holdings Ltd v Mangatu Blocks Incorporation [2017] NZHC 448.