New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dispute resolution clause enforcement

Legal area

Court

17 Feb 2022

JONES & ORS v TASMAN MOTOR CAMP 2019 LTD [2022] NZHC 207

Citation

[2022] NZHC 207
Court

High Court

The Court exercised its inherent jurisdiction to stay the proceedings because clause 13 of the business agreement constituted a clear and sufficiently certain contractual commitment to an alternative dispute resolution process applicable to the claimed breaches; the stay was granted subject to strict procedural timetables and conditions to prevent prejudice and allow the parties to implement the agreed dispute resolution mechanism, with liberty to return to Court if defendants fail to comply.
25 Mar 2013

WATERS V PERRY FOUNDATION HC HAM CIV-2011-419-1790

Citation

openlaw-01f8347a_c345_4ffb_ae6e_1a1dbc95c2c6.pdf
Court

High Court

Clause 9.3 remained enforceable: s 17 Interpretation Act preserves the duty created under the expired Exemption Notice; the deed architecture and accession documents show Covenant Trustee Company Ltd succeeded as scheme/statutory supervisor and can appoint an independent determiner; the site agreements confer exclusive possession (are leases) and are therefore excluded from s 11 Arbitration Act 1996; parties were contractually bound to the alternative dispute resolution and the High Court proceedings are an abuse of process and must be stayed.