22 Oct 2021
ALUSI LIMITED v G J LAWRENCE DENTAL LIMITED [2021] NZCA 557
- Citation
- [2021] NZCA 557
- Court
- Court of Appeal
The Court dismissed the appeal: the arbitrator's finding that the Email Agreement had been cancelled was open on the parties' pleadings and submissions and, given Alusi's case required both the Lawrence ASP and the Email Agreement to be live as at 1 November 2017 to establish waiver, any surprise from the arbitrator's recording of the point did not cause material prejudice or breach natural justice; accordingly no basis existed to set aside part of the award under art 34(2)(b)(ii) and the High Court did not err in refusing relief.