New Zealand Case Law: Decisions & Judgments

Topic

Mediation clause

Legal area

Court

1 Mar 2019

PAUL v JADE RESIDENTIAL LIMITED [2018] NZHC 304

Citation

PAUL v JADE RESIDENTIAL LIMITED [2018] NZHC 304
Court

High Court

The High Court held the dispute resolution clause did not bar the Pauls from cancelling the one-off building contract; Jade's refusal to return to site except on altered payment terms amounted to repudiation entitling the Pauls to validly cancel; the two milestone payments were not payable because the contractual milestones were not completed (no proved variation for "closed-in" and "lined" required stopping); matter remitted to District Court to determine appropriate relief under s43 Contract and Commercial Law Act 2017.
13 Sept 2012

WATERCO (NZ) LIMITED V SIMPSON HC AK CIV-2012-404-2863

Citation

openlaw-95d106f8_96ab_46c6_ad98_579ab3039abe.pdf
Court

High Court

Clause 13 (mediation) applied because no immediate termination under clause 8B(b) occurred (no termination notice served); parties had not complied with clause 13 so a limited stay to permit mediation (approximately 80 days) was justified; filing a notice of opposition did not constitute waiver of the contractual mediation right in these circumstances; directions issued for post-stay filings and an adjournment to the summary judgment list if mediation fails.
18 Nov 2011

MANUKAMED INVESTORS V SALEM CHARITABLE TRUST & ANOR HC MAS CIV-2010-435-243

Citation

openlaw-fe60559a_26f2_4bb9_a5e1_7af3709c5033.pdf
Court

High Court

Defendants effectively admitted non-compliance with mandatory contractual obligations in their pleading; clauses 4.2(b) and 4.2(c) were clear, mandatory and not disputed; there was therefore no real defence and summary judgment was appropriate to order specific performance requiring completion of the NPMS transfer form forthwith and affixing of unique identification tags within three months.
23 Aug 2011

MANUKAMED INVESTORS V SALEM HONEY LIMITED PARTNERSHIP HC MAS CIV-2010-435-241

Citation

openlaw-c98b9266_ac4a_49ed_a261_d6af57ba5958.pdf
Court

High Court

Summary judgment was declined because the defendants have reasonably arguable defences: it is reasonably arguable that the joint venture lacked proper authority to commence proceedings due to disputed compliance with board quorum and notice provisions (invalid supplementary meeting of 21 October 2010), and there are unresolved factual and legal issues about whether the loan was ever disbursed to the joint venture or ratified/novated, and whether equitable set-offs exist; these issues cannot be resolved on summary judgment.
28 Jun 2010

TAN INVESTMENT PTE LIMITED V GOLDHEM GROUP LIMITED AND ORS HC AK CIV 2010-404-001187

Citation

openlaw-985a6005_5380_4dcb_b521_c8965adc0cb0.pdf
Court

High Court

The court refused to imply the mediation/dispute resolution term into the loan agreement because the parties to the loan agreement were different, the material did not demonstrate a clear term covering the precise situation, and it was not necessary to give business efficacy to the loan contract; accordingly there was no contractual basis to stay the summary judgment application and the stay application was dismissed.
28 Feb 2008

FLOTECH LTD V STREAT CONTROL (2002) LTD HC AK CIV 2007-404-4944

Citation

openlaw-e756cde5_0aa9_456b_ab54_23e9f4a6550c.pdf
Court

High Court

Appeal dismissed on liability because appellant failed to raise precise, specific and corroborated evidence sufficient to defeat summary judgment; no genuine dispute existed to trigger the mediation clause; however the quantum judgment ($63,339.45) was set aside and remitted to the District Court for further scrutiny because of concerns about mitigation, pleading and the interest provision.

New Zealand Case Law

PAUL v JADE RESIDENTIAL LIMITED [2018] NZHC 304

WATERCO (NZ) LIMITED V SIMPSON HC AK CIV-2012-404-2863

MANUKAMED INVESTORS V SALEM CHARITABLE TRUST & ANOR HC MAS CIV-2010-435-243

MANUKAMED INVESTORS V SALEM HONEY LIMITED PARTNERSHIP HC MAS CIV-2010-435-241

TAN INVESTMENT PTE LIMITED V GOLDHEM GROUP LIMITED AND ORS HC AK CIV 2010-404-001187

FLOTECH LTD V STREAT CONTROL (2002) LTD HC AK CIV 2007-404-4944