New Zealand Case Law: Decisions & Judgments

Topic

Dispute resolution clause

Legal area

Court

16 May 2023

DIRECTUS SOUTH EAST ASIA LIMITED v CNG INTERNATIONAL LIMITED [2023] NZHC 1161

Citation

[2023] NZHC 1161
Court

High Court

Summary judgment was granted because the defendants had no real defence to the plaintiff's claim on the clear unqualified contractual indemnity: defendants had waived or were estopped from invoking the valuation and dispute resolution mechanisms by their conduct and delay, plaintiff reasonably mitigated loss by paying the creditor to avoid further interest and costs, unconscionability allegations lacked evidential foundation, and alleged counterclaims were inchoate and could not constitute an equitable set-off sufficient to defeat the claim on summary judgment.
27 Apr 2023

HERDBULDER EXPORT SERVICES LIMITED v ASUREQUALITY LIMITED [2023] NZHC 851

Citation

[2023] NZHC 851
Court

High Court

The Court set aside the statutory demand under s 290(4)(a) because, on the material before it, HerdBuilder had narrowly established an arguable substantial dispute as to the identity of the debtor: AsureQuality's conduct (invoicing, processing export documentation and other course of dealings) raised a real issue of implied novation/acceptance that required discovery and trial to resolve; the contractual dispute resolution clause was not engaged and did not independently justify setting aside the demand under s 290(4)(c).
27 May 2022

TITTERTON v DYNASTY CAPITAL LIMITED [2022] NZHC 1202

Citation

[2022] NZHC 1202
Court

High Court

The purchaser established a reasonably arguable case that the vendor breached its obligation to pursue construction with reasonable diligence (including the arguably unjustified halt after the 3 June 2021 call and kitchen ordering delay) such that the vendor could not properly rely on the sunset clause to terminate; accordingly the caveat must be sustained pending resolution of the contractual dispute.
4 Jun 2021

SOMERFIELD INVESTMENTS LIMITED v SINFUL COFFEE LIMITED [2021] NZHC 1327

Citation

[2021] NZHC 1327
Court

High Court

Because the director's affidavit acknowledged the $10,228.85 was payable by the company and remained unpaid, there was no genuine dispute about that liability; the dispute resolution clause did not preclude summary judgment in those circumstances, and summary judgment was therefore entered for that sum while the balance of the claim was adjourned for hearing.
22 Apr 2021

PROMINENT INVESTMENTS LIMITED v QUEST APARTMENT HOTELS (NZ) LIMITED [2021] NZHC 862

Citation

[2021] NZHC 862
Court

High Court

The Court found there was a serious question to be tried on whether Quest was entitled to refuse renewal of the five-year franchise term; the balance of convenience favored preserving the status quo because contractual damages were likely inadequate given the damages cap, and accordingly granted an interim injunction restraining Quest from terminating the franchise agreement, conditional on personal guarantees, while leaving the issue of staying proceedings for dispute resolution to further submissions.
27 Feb 2020

PARSONS v O’CONNOR [2020] NZHC 313

Citation

[2020] NZHC 313
Court

High Court

A stay of Gordon J's orders was granted because the first and third defendants gave a clear undertaking not to sell or otherwise dispose of the shares pending determination of their application to rescind or vary the orders, which preserved the status quo and removed the specific risk Gordon J sought to prevent; requiring immediate transfer would impose administrative burdens and risk needing to be undone; on balance the convenience favored a stay pending a full hearing.
15 Mar 2018

HILL AND TICKLE v ELIMELECH, LOCATI AND TRAFALGAR TRUSTEE CORPORATION LIMITED [2018] NZHC 449

Citation

[2018] NZHC 449
Court

High Court

The Land Transfer Regulations 2002 sch 4 cl 14 dispute resolution process was implied into the registered easement instrument by operation of the Land Transfer Act provisions; the instrument's 'and/or' formulation did not confer a unilateral right on the appellants to elect court enforcement under Property Law Act sch 5 to the exclusion of the LTR sch 4 arbitration process; the easement's status as over an access lot does not displace the implied dispute resolution clause; therefore a valid arbitration agreement existed and the District Court proceedings were properly stayed.
5 Dec 2016

CRANIUM ADSPACE LTD v BRITISH AMERICAN TOBACCO (NEW ZEALAND) LTD [2016] NZHC 2922

Citation

[2016] NZHC 2922
Court

High Court

Article 8 of Schedule 1 to the Arbitration Act 1996 required a stay because the prerequisites were met and the arbitration agreement in clause 15 was operative; speculative or potential claims against third parties do not render the arbitration agreement inoperative or incapable of being performed and are insufficient to justify maintaining the proceeding in the court.
21 Jun 2016

SPECIALISED STRUCTURES NEW ZEALAND LIMITED v FINDLATER CONSTRUCTION LIMITED [2016] NZHC 1340

Citation

[2016] NZHC 1340
Court

High Court

There was a serious question to be tried that SSNZL possessed a protectable proprietary interest and goodwill; damages would not necessarily protect that goodwill; the balance of convenience favoured a limited interim injunction preventing FCL from acting with Fair Dinkum Sheds or similar competitors in Marlborough for the remainder of the 12 month restraint (treated as commencing 12 October 2015), with specified project exclusions; stay for failure to use dispute resolution was not appropriate because clause 41.11 permits injunctive relief for irreparable harm.
28 Aug 2015

RUSH-MUNRO'S OF NEW ZEALAND LIMITED v HEAVENLY FOODS LIMITED [2015] NZHC 2069

Citation

[2015] NZHC 2069
Court

High Court

Award interest at the prescribed 5% per annum from the dates each cause of action accrued because the defendant had the benefit of the plaintiff's money, liability was undisputed, the plaintiff's one year delay was reasonable in context and the shareholders' dispute resolution clause did not displace the plaintiff's right to be compensated from accrual.