Ian Laywood and Gary Rees v Holmes Construction Wellington Limited - SC 23/2009

Civil Appeal – Construction Contracts Act 2002 – Statutory Interpretation – Enforcement of adjudicator’s determination by entry as judgment – Extent to which Construction Contracts Act judgments are to be treated differently as matter of law to non-Construction Contract Act judgments vis-à-vis Insolvency legislation – Whether Court of Appeal erred in holding ss 73 and 74 of the Construction Contracts Act created a special regime for the enforcement of adjudicators’ determinations that is not subject to s 29 of the District Courts Act 1947 and that entry of a judgment pursuant to ss 73 and 74 was a final judgment for the purposes of s 19(1) of the Insolvency Act 1967 – Whether Court of Appeal erred in holding principles of natural justice and s 27 of the New Zealand Bill of Rights Act 1990 did not entitle the Appellants to an oral hearing (as opposed to judgment being delivered on the papers).[2009] NZCA  35   CA 83/2008    25 February 2009