New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Arbitration agreement enforceability

Legal area

Court

14 Apr 2021

HELLABY RESOURCE SERVICES LTD v BODY CORPORATE 197281 [2021] NZHC 554

Citation

[2021] NZHC 554
Court

High Court

Court held the Body Corporate had no arguable defence to the statutory debt created by the payment schedules under the CCA and summary judgment for TBS was appropriate; the Court declined to exercise residual discretion to refuse summary judgment; however enforcement of that judgment was stayed because there was a real and substantial risk of miscarriage of justice if the Body Corporate were required to pay and thereby be unable to pursue credible counterclaims for extensive alleged defective work; the arbitration clause was held inoperative for post-completion disputes one month after the Fi…
12 Jun 2015

THE MINISTER OF EDUCATION v PXA LTD [2015] NZHC 1330

Citation

[2015] NZHC 1330
Court

High Court

Although Disputes Section K cl 94 was part of the contract between the Board and HCL, the clause is inoperative for the present dispute because its procedures and time limits plainly apply only while the building contract is current; further, the Board was acting as a consumer under s 11 of the Arbitration Act 1996 and no separate written agreement complying with s 11 was produced, so the arbitration clause is not enforceable against the Board; accordingly the stay and referral to arbitration was refused.