12 Mar 2020
STYLO MEDICAL SERVICES LTD v HUM HOSPITALITY LTD [2020] NZHC 499
- Citation
- [2020] NZHC 499
- Court
- High Court
The Court has jurisdiction to determine Stylo's application for unpaid rent and possession because Hum did not timely invoke arbitration under Article 8 and thereby waived a right to compel arbitration, and clause 44.3 of the lease permits the landlord to litigate claims for unpaid rent in Court with the tenant able to raise a defence that some or all of the rent claimed is not payable; issues properly constituting set-offs or counterclaims for breaches remain for arbitration but the rent review defence as pleaded may be litigated in this proceeding.