Thursday, November 17, 2011

ADR – condition precedent partly mandatory and partly optional

The Supreme Court of Western Australia has confirmed that 'compliance' with a condition precedent to litigation is achieved upon satisfaction of a mandatory part (conference) without election for the subsequent, optional part (mediation). [Case ref: VDM Construction Pty Ltd v MCC Mining (Western Australia) [2011] WASC 269.]

0 comments:

Post a Comment