28 Nov 2017
PRECINCT PROPERTIES HOLDINGS LIMITED v OMV NEW ZEALAND LIMITED [2017] NZHC 2926
- Citation
- [2017] NZHC 2926
- Court
- High Court
Clause 44.3 of the lease expressly preserved the landlord's right to commence court proceedings to recover rent and other monies payable under the lease notwithstanding the existence of an arbitration clause; accordingly the stay application was dismissed and the landlord may pursue recovery in court even though the tenant contends the lease was validly terminated or that other disputes arise that could be arbitrated.