20 Dec 2019
MAYHEW v FUTURE MOBILITY SOLUTIONS LT D [2019] NZHC 3302
- Citation
- [2019] NZHC 3302
- Court
- High Court
The application to lift the stay and for leave to discontinue against Sealegs is refused because the right to arbitrate remains alive, real risks of overlapping and inconsistent findings persist, no adequate amended pleadings or binding undertaking were presented to remove overlap, and unresolved indemnity and discovery issues mean Sealegs may still be necessary to adjudicate core disputes; the appropriate time to revisit discontinuance is after the arbitration concludes or if delay is attributable to the defendants.