30 Nov 2023
SUNNYA PTY LTD v SUPERMEGA MARKET LTD [2023] NZHC 3266
- Citation
- [2023] NZHC 3266
- Court
- High Court
The intellectual property claims are prima facie 'in connection with' the contracts and therefore fall within the broadly worded arbitration clause; consequently the proceedings against Supermega must be stayed and referred to arbitration under Article 8(1) Schedule 1 of the Arbitration Act 1996. The proceedings against Megadairy are stayed as well to prevent duplicative and conflicting litigation under r 15.1(3) High Court Rules 2016 and the Court's inherent jurisdiction. The defendants' urgent opposition to interim relief did not constitute a submission to jurisdiction that defeats the arbi…