20 Nov 2020
Ryan v Lobb [2020] NZHC 3085
- Citation
- [2020] NZHC 3085
- Court
- High Court
The arbitration provisions in clauses 2.5(5) and 3.7 were not a binding arbitration agreement that could oust the Court's jurisdiction because (a) the trustees had been removed leaving no trustees between whom the clause operated, and (b) discretionary beneficiaries (including the parties' children and potential future beneficiaries) could not be treated as having agreed to be bound by arbitration; accordingly the Court retained jurisdiction to determine the declaratory issue and Mr Lobb's application to dismiss or stay was refused; the application for return of documents was refused as outsi…