16 Mar 2017
HEAVYWEIGHT HIRE LIMITED v FOREST MANAGEMENT LIMITED [2017] NZHC 468
- Citation
- [2017] NZHC 468
- Court
- High Court
The court held the subject matters of the causes of action concerned apportionment of profits and losses and therefore fell within the contractually defined category of 'fundamental disputes' in clause 37, which are excluded from the clause 36 informal-resolution/arbitration process; accordingly the court retained jurisdiction, set aside the Notice of Appearance Under Protest and dismissed the defendant's application to stay or refer to arbitration.