6 Oct 2022
NORTHASH LTD v ZEFF FARMS LTD [2022] NZCA 471
- Citation
- [2022] NZCA 471
- Court
- Court of Appeal
Special leave to appeal was declined because the applicant's challenge principally raised factual questions about the appropriate assessment of loss under the prima facie Joyner v Weeks approach; Joyner is a prima facie factual starting point not an absolute rule of law, the High Court did not misapply the statutory leave test, and clause 5(2)'s threshold was not met because reformulating the Joyner approach would not have materially affected the outcome on the facts established before the arbitrator.