10 Dec 2014
NEW CORE PROPERTIES LIMITED v GANELLEN CONSTRUCTION LIMITED [2014] NZHC 3128
- Citation
- [2014] NZHC 3128
- Court
- High Court
The Court found that a binding construction contract existed by virtue of the parties' email exchange on 1 March 2014 (acceptance communicated at 5:57pm) and confirmed by execution and subsequent communications and conduct; the contract incorporated NZS 3910:2003 including an arbitration clause; therefore Ganellen's appearance under protest to jurisdiction could not be dismissed and the proper course was to stay the Court proceeding and refer the parties to arbitration.