11 Nov 2020
DEPARTMENT OF CORRECTIONS v DECMIL CONSTRUCTION NZ LTD (IN LIQ) [2020] NZHC 2976 [11 November 2020]
- Citation
- [2020] NZHC 2976
- Court
- High Court
Leave under s 248 was granted because the disputes are complex and more suitably determined by the nominated arbitrator, there is a realistic prospect of enforcement via the parent company guarantor making the proceeding non‑futile, the liquidator is less able and potentially conflicted to determine the claims, and there is an existing contractual commitment to arbitrate.