22 Feb 2011
STOCKCO LIMITED V DENIZE & Anor HC AK CIV-2010-404-5668
- Citation
- openlaw-5224667b_df9a_4adc_9b2b_61697cb6700f.pdf
- Court
- High Court
The defendants waived the arbitration clause by submitting to the court's jurisdiction; StockCo was entitled to recover the principal sum advanced including GST as the defendants concede liability for the advance; the claim for interest could not be resolved on summary judgment because the contract did not clearly authorize a unilateral fixation of rate and there was a disputed oral agreement on rate, so interest must be litigated; indemnity costs are contractually available in principle but quantum is reserved for assessment.