6 Jun 2013
NEW ZEALAND LOCAL AUTHORITY PROTECTION PROGRAMME DISASTER FUND v THE NEW INDIA ASSURANCE COMPANY LIMITED [2013] NZHC 1327
- Citation
- [2013] NZHC 1327
- Court
- High Court
Defendant had no arguable defence because (1) admissible evidence did not establish deemed disclosure under s10 ILRA but (2) the differences between the 1993 and 2007 trust deeds did not materially increase the insurer's risk; therefore non-disclosure was not material, summary judgment was appropriate and the stay to arbitration was dismissed.