Zurich Australian Insurance Limited trading as Zurich New Zealand v Cognition Education Limited - SC 58/2013
Summary
Civil Appeal – Arbitration Act 1996 – Whether the Court of Appeal erred in law by finding that the test for whether there is a dispute for the purposes of a stay application under Article 8 of the First Schedule to the Arbitration Act 1996 is whether there is an “arguable defence” and, as such, is the inverse of the test to apply for a summary judgment.[2013] NZCA 180 CA 867/2012
Result
Was the Court of Appeal correct to conclude that there will be no dispute for the purposes of art 8(1) of the First Schedule to the Arbitration Act 1996 unless the defendant has an arguable basis for disputing the plaintiff’s claim as is sufficient to resist an application for summary
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Appeal allowed.
19 December 2014
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Appeal allowed.
19 December 2014