30 Jun 2022
TAVENDALE & PARTNERS LTD v DINEEN [2022] NZHC 1530
- Citation
- [2022] NZHC 1530
- Court
- High Court
Applying a prima facie review the Court found there was at least a prima facie case that the Heads of Agreement dated 26 September 2014 was legally binding and (through cl 7.3 and/or incorporation of the 2014 draft shareholders agreement) contained an arbitration agreement covering disputes about the HOA and the incorporated shareholders agreement including the claims pleaded. The proceeding was therefore stayed and referred to arbitration, with the stay to remain at least until the arbitral tribunal determines its jurisdiction; costs awarded to defendant.