21 Apr 2015
MAKAN DISTILLER LIMITED v NATURAL SUGARS (NEW ZEALAND) LIMITED [2015] NZHC 1111
- Citation
- [2015] NZHC 1111
- Court
- High Court
The court held that a foreign arbitral award may be relied on to support a statutory demand without prior entry as a judgment because recognition (establishing binding obligations and creditor status) is distinct from enforcement; the narrow public policy grounds under the Arbitration Act did not apply to refuse recognition of the Refined Sugar Association awards; Natural Sugars did not waive its right to arbitrate by prior statutory demands; accordingly there was no substantial dispute under s 290(4)(a) and the application to set aside the statutory demand was dismissed.