26 Jul 2021
SHK TRUSTEE COMPANY LIMITED v NZDMG LIMITED [2021] NZHC 1895
- Citation
- [2021] NZHC 1895
- Court
- High Court
The court dismissed the defendants' application to stay to arbitration because defendants had, by filing a substantive memorandum and participating in the summary judgment process, elected to submit the substance of the dispute to the court; the plaintiff was entitled to summary judgment for unpaid rent and outgoings for periods when access was not legally restricted, but summary judgment could not be granted for periods where clause 27.5 arguably entitled the tenant to a fair proportionate abatement (specifically 23 March–13 May 2020 and 13 August–30 August 2020), and issues about the adequa…