Conclusion 103 I acknowledge ACN's desire to have its day in court, but in my view, it bargained away that right in favour of the finality of an expert determination. ACN has not met the heavy onus of establishing why a stay should be refused in the circumstances of this case. 104 I consider the dispute is amenable to determination by the appointed expert. There are undoubtedly arguments to be developed by both parties with respect to the validity of the Proposed Sale Notice, and that can proceed within the expert determination process. 105 Accordingly, Pilbara Minerals is entitled to a stay of the proceedings. 106 I will hear the parties as to the orders that should be made.
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