16 Sept 2020
ALUSI LTD & ORS v G J LAWRENCE DENTAL LTD & ORS [2020] NZHC 2409
- Citation
- [2020] NZHC 2409
- Court
- High Court
The Court held there was no material breach of natural justice: the arbitrator's reliance on the Upton memorandum did not produce unforeseeable surprise or prejudice because the parties had already argued the interlinked status of the email agreement and the Lawrence ASP and applicants had addressed the legal effect of the memorandum; further any procedural defect was rendered immaterial by the arbitrator's alternative finding that the agreement expired for effluxion of time. Consequently the application to set aside the award was refused and leave to appeal on the identified questions of law…