20 Nov 2018
LUSTY v MAGILL [2018] NZHC 3006
- Citation
- [2018] NZHC 3006
- Court
- High Court
The District Court's summary claim for legal fees falls within the scope of the partnership arbitration clause because the indemnity agreement is intertwined with and a development of the partnership deed; there is a bona fide dispute as to the amounts and accounts, so under art 8 sch 1 Arbitration Act 1996 the proceedings must be stayed and the parties referred to mediation and, if necessary, arbitration.