New Zealand Case Law: Decisions & Judgments

Topic

Arbitration clause jurisdiction

Legal area

Court

17 Jan 2020

McKenzie v Mortimer [2020] NZHC 17

Citation

[2020] NZHC 17
Court

High Court

On a prima facie review the court held the plaintiffs' claims (both the alleged unconsented alterations and the nuisance claims) were arguably within the scope of the broad arbitration clause (clause 18); clause 9 and clause 20 are separate tracks and clause 20 was not shown to be engaged so the clause 18 exception did not apply; consequently the proceeding was stayed and the disputes referred to arbitration under clause 18, with leave reserved to lift the stay if arbitration is unreasonably delayed.
3 Mar 2017

BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2017] NZHC 329

Citation

[2017] BCL 142
Court

High Court

The Court held that it retains jurisdiction under s48(6) to vary a previously approved s48 scheme even where the scheme contains an arbitration clause because arbitrators appointed under the scheme cannot vary court orders; the scheme must be made consistent with the Unit Titles Act policy allocating common property costs by unit entitlement and, on the facts, Manchester must pay common property costs according to its 11.88% entitlement and make a provisional payment of NZD 321,264.79 plus GST subject to adjustment.
18 May 2016

YARROW CHARITABLE TRUST v PAUL STEVEN YARROW [2016] NZHC 1011

Citation

[2016] NZHC 1011
Court

High Court

The respondent is liable for costs because he failed to timely articulate his claims or to initiate arbitration or court proceedings despite repeated requests since 2011 and a specific pre‑application warning; significant parts of the dispute fell outside the arbitration clause and had to be litigated in the High Court; the applicants were entitled to commence s 75 proceedings to protect trust administration, and costs of $21,915 plus disbursements were appropriate, including a specific $892 allowance for the costs memorandum.

New Zealand Case Law

McKenzie v Mortimer [2020] NZHC 17

BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2017] NZHC 329

YARROW CHARITABLE TRUST v PAUL STEVEN YARROW [2016] NZHC 1011