New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Waiver and election

Legal area

Court

16 Oct 2012

HIGHGATE ON BROADWAY LIMITED V DEVINE HC BLE CIV-2012-406-000136

Citation

openlaw-d5cf527d_0474_40be_8337_d2ce465052be.pdf
Court

High Court

The tenant did not validly elect to abandon arbitration by commencing court proceedings under the Property Law Act; the damages claims could not properly be determined in the court proceeding under ss253-264 and therefore fall within the broad arbitration clause; Article 8(2) permits arbitral proceedings to continue despite concurrent court proceedings; accordingly the arbitrator has jurisdiction and a stay is not warranted.
9 Sept 2005

TAYLOR V REBEL GASOLINE LIMITED HC AK CIV 2005-404-003988

Citation

openlaw-1152d8bb_2f85_4035_bf53_de2d86626777.pdf
Court

High Court

On the facts the vendors validly preserved time being of the essence by extending the settlement notice to 3 June 2005, the purchaser repeatedly failed to perform rental and settlement obligations and gave broken assurances, there was no unequivocal conduct by the vendors amounting to affirmation or waiver after 3 June, the vendors validly re-entered and cancelled the agreement on 16 June 2005, and consequently the respondent had no reasonably arguable caveatable interest; the caveat is ordered removed under s143.