NG 1001 of 1998

CORRIGENDUM TO THE REASONS FOR EX TEMPORE JUDGMENT OF EMMETT J DELIVERED ON 3 NOVEMBER 1998

On page 13 of the judgment:

·        Counsel for the Second Defendant, insert “with G.R. Kennett” after “J.E. Marshall”.

A replacement page is attached.

I certify that this is a true copy of the

corrigendum made to the reasons for

judgment in this matter of the Honourable

Justice Emmett.

Associate:

Dated:              1 December 1998

Alternatively, it may be that the appropriate relief is a mandatory order that United request the arbitrators not to make an award pursuant to the section 30 application until after these proceedings have been finally resolved.  If that is not practicable, the appropriate order would simply be to restrain United from pursuing the application before the arbitrators until after I have decided the matters raised in these proceedings on a final basis and to order United to request the arbitrators to adjourn their hearing.

The proceedings in the Queen's Bench Division are brought in aid of the arbitration proceedings.  Accordingly, since I am disposed to make an order restraining any final determination in respect of the section 30 application, I would also restrain United from prosecuting the proceedings in the Queen's Bench Division until such time as I have made a final determination in these proceedings or perhaps, at the earliest, until I have determined United's stay application in proceeding NG 1082 of 1997.  I shall hear the parties further on the appropriate relief.

Associate:

Dated:              3 November 1998