Fermanagh District Council v Gibson (Banbridge) Limited
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2013 |
| Neutral Citation | [2013] NIQB 117 |
| Date | 09 October 2013 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2013] NIQB 117 Ref:
WEA9015
Judgment: approved by the Court for handing down Delivered:
09/10/2013
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (COMMERCIAL)
________
BETWEEN
FERMANAGH DISTRICT COUNCIL
Applicant
and
GIBSON (BANBRIDGE) LIMITED
Respondent
________
WEATHERUP J
[1] This is an application under section 12 of the Arbitration Act 1996 to extend
time to 6 February 2013 for the applicant to take a step to begin arbitration of a
construction dispute. Mr Humphreys QC appeared on behalf of the applicant
(Fermanagh) and Mr Simpson QC on behalf of the respondent (Gibson).
[2] Fermanagh applied for an extension of time ‘to refer the dispute to
arbitration’. At the hearing Fermanagh applied for leave to amend the application to
one that sought an extension of time ‘to issue the notice of intention to refer the
dispute to arbitration’. Mr Simpson objected to the amendment. I granted leave to
amend so that consideration might be given to the substance of the matter.
[3] The background appears in the decision of 4 February 2013 in Gibson
(Banbridge) Ltd v Fermanagh District Council [2013] NIQB 16. Gibson was the
contractor and Fermanagh the employer in a contract of March 2005 for the
construction of a waste management facility. The form of contract was the NEC2
Engineering and Construction Contract, Option C, Target Contract with Activity
Schedule. The work was substantially completed in 2008. Various applications for
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2 cases
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Baranowski (Tomasz) By His Mother And Next Friend Anna Baranowski v Michael Rice
...[2002] NI 319 at 324d, Re Staritt; re Cartwright [2005] NICA 48 [2006] NIJB 249, Fermanagh District Council v Gibson (Banbridge) Ltd [2013] NIQB 117, at [26], Breslin and others v McKevitt, Real IRA, Campbell. Murphy and Daly [2011] NICA 33 [2011] 7 BNIL 75. [20] I apply the principles set ......
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AMD Environmental Ltd v Cumberland Construction Company Ltd
...enforcement of an adjudicator's decision. I respectfully agree with the similar conclusion reached by Weatherup J in Gibson (Banbridge) Ltd v Fermanagh District Council [2013] NIQB 16. 17 Thirdly, I reject the contention advanced by Mr Davis, that this was not an ordinary case, so that the ......