6 Nov 2019
PERYER CONSTRUCTION WGTN LIMITED v CATHIE [2019] NZHC 2881
- Citation
- [2019] NZHC 2881
- Court
- High Court
The Court held that clause 13 is a mandatory contractual submission to staged dispute resolution and, although the Court had jurisdiction (the defendant had participated in earlier interlocutory proceedings), the proper exercise of that jurisdiction was to set aside the defendant's appearance under protest and stay the proceeding pending reference of any residual dispute to the contractual dispute resolution process in clause 13; the existing expert is likely functus officio so any new references must be made afresh, and the parties have leave to seek further court assistance if necessary.