18 August 2021 | IMPORTANT NOTICE

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In line with Ministry of Health guidance, our staff are currently working remotely. They remain available to assist and it is business as usual. However, we ask that wherever possible you contact us online or by email to registrar@buildingdisputestribunal.co.nz.

If you need to courier documents, please contact our Registry staff in the first instance to confirm the appropriate delivery details.

He waka eke noa.

ARB-MED JUDGMENTS

2003

McCosh v Williams CA275/02 12 August 2003 (NZ Court of Appeal)

mediator liability – interpretation of settlement – med-arb – negligence – jurisdiction – Fair Trading Act – exclusion of liability clause

Court held that mediator did exceed his jurisdiction as he had engaged in the task of attempting to “correct” the agreement rather than interpret it. However, it was not found that he acted negligently nor was there a breach of the Fair Trading Act. The exclusion clause relied on did not extend to the process of adjudication concerning the settlement agreement. Appeal dismissed.