26 May 2017
SAVVY VINEYARDS 4334 LIMITED v WETA ESTATE LIMITED [2017] NZHC 1111
- Citation
- [2017] NZHC 1111
- Court
- High Court
The Court applied a prima facie test and found that clause 25.7 constituted an arbitration agreement that remained prima facie operative because the procedural cancellation route in clause 25 was not followed; accordingly the Court stayed the fourth and fifth causes of action and referred those disputes to arbitration, ordered the plaintiffs to provide security for costs of NZD 12,800 as a first tranche within 10 working days, stayed the proceeding pending provision of that security, and dismissed the defendants' strike out application.