CONTRACT - interlocutory application - injunction sought to prevent termination of contract - whether parties should be left to resolve consequences of termination according to mechanisms within the contract - whether specific performance appropriate relief in building contracts.
PROCEDURE - contract contains mandatory dispute resolution procedure - whether proceedings should be stayed to that procedure to be followed.
PROCEDURE - jurisdiction - whether proceedings ought to be transferred to Supreme Court of Victoria pursuant to s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) - factors for consideration in determining whether proceedings ought to be transferred.
Case Details
Citation[2011] NSWSC 805
CourtNSWSC
JurisdictionNew South Wales
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