Forest Holdings Ltd v Mangatu Blocks Incorporation

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.

CaseChat Overview and Summary

The case of Forest Holdings Ltd v Mangatu Blocks Incorporation was heard by Justice Heath in the High Court of New Zealand. The applicant, Forest Holdings Ltd, sought leave to appeal a judgment concerning an arbitral award on damages. The respondent, Mangatu Blocks Incorporation, had previously sought to adduce evidence in support of its application for leave to appeal. The court was required to decide whether it would allow the respondent to adduce evidence and whether it would grant leave to appeal to the Court of Appeal.

The court considered the application for leave to appeal and the request for leave to adduce evidence. The court refused the application to adduce evidence, finding that it was not necessary for the resolution of the substantive application. The court also directed the parties to file and serve their submissions by specific dates, and asked counsel to co-operate in filing a common bundle of authorities. The court reserved costs.

Justice Heath delivered the judgment on 17 May 2017, dismissing the application to adduce evidence and setting down the substantive application for leave to appeal to be heard on 31 May 2017. The court made directions for the filing and serving of submissions, and requested that counsel co-operate in filing a common bundle of authorities. Costs were reserved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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