29 May 2013
ZURICH AUSTRALIAN INSURANCE LIMITED T/A ZURICH NEW ZEALAND V COGNITION EDUCATION LIMITED CA867/2012 [2013] NZCA 180
- Citation
- [2013] 3 NZLR 219
- Court
- Court of Appeal
The added words in art 8(1) of the Arbitration Act 1996 were intended to permit courts to refuse a stay where the defendant has no arguable basis for disputing the plaintiff's claim; accordingly the same 'arguable defence' summary judgment test applies to applications to stay under art 8(1).