15 Oct 2018
PRECINCT PROPERTIES HOLDINGS LIMITED v OMV NEW ZEALAND LIMITED [2018] NZHC 1939 [15 October 2018]
- Citation
- [2018] NZHC 1939
- Court
- High Court
Summary judgment was dismissed because genuine issues of fact exist about the building's structural integrity and about alleged misrepresentations regarding the NBS rating; those issues cannot be resolved on affidavits and require full disclosure, expert evidence and testing at trial; the arbitration clause does not bar pleading these defences in court in the context of a rent recovery action.