12 Jul 2013
THE LAW CONNECTION LIMITED v J ROCHE and W DOUGLAS [2013] NZHC 1742
- Citation
- [2013] NZHC 1742
- Court
- High Court
Summary judgment was refused because material factual disputes and contested causation and contractual interpretation made it unsafe to decide liability without full evidence and testing; however the 2010 arbitration clause is an operative dispute resolution agreement and the defendants' request for a stay was timely, so the proceeding is stayed and referred to arbitration on specified conditions (notice by plaintiff, attempt to resolve within specified time, arbitration if unresolved), with leave to apply to lift the stay if the process is not properly followed.