14 Nov 2019
SAILS MOTOR INNS LTD v SAILS MOTOR INN HAMILTON LTD [2019] NZHC 2969
- Citation
- [2019] NZHC 2969
- Court
- High Court
The proceeding was misconceived because s6A of the Arbitration Act placed disputes about arbitrator appointment with an appointed body (AMINZ) and removed the High Court's appropriate jurisdiction; commencing the High Court proceeding was therefore unreasonable. However the defendants' pre-commencement obstructive conduct justified a moderated costs award. On balance, justice required awarding defendants partial costs of $700 plus disbursements $110 rather than the full amount claimed under r15.23.