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.