12 Dec 2016
ARCHERS ROAD TRUST COMPANY LTD v JMR BUSINESS LTD [2016] NZHC 2987
- Citation
- [2016] NZHC 2987
- Court
- High Court
The stay was dismissed because the defendants' interlocutory steps fell within the clause 12.2 exception for urgent interlocutory relief and did not constitute waiver or submission to the Court; the third plaintiff's claims likely fall outside the expert determination clause as drafted (clause directed to Vendor and Purchaser disputes and expert determination is intended for technical subject-matter connection); and the pleaded claims involve mixed questions of fact and law requiring witnesses, cross-examination and judicial oversight and are therefore not appropriately determined by an exper…