Northash Ltd v Zeff Farms Ltd - [2023] 2 NZLR 202

Practice and procedure — Special leave to appeal — Arbitral award — Damages for breach of lease — Assessment of damages — High Court refusing leave to appeal from arbitral award — Whether appeal involving question of law — Scope of rule in Joyner v Weeks — Factual assessment of losses actually suffered — Whether determination could substantially affect rights of party — Arbitration Act 1996 sch 2, cl 5.

Arbitration — Award — Damages for breach of lease — Assessment of damages — Application for special leave to appeal from High Court decision refusing leave to appeal from arbitral award — Whether appeal involving question of law — Scope of rule in Joyner v Weeks — Factual assessment of losses actually suffered — Whether determination could substantially affect rights of party — Arbitration Act 1996 sch 2, cl 5.