Supreme Court of New Zealand Wellington
SC58/2013; [2014] NZSC 188
9 October 2013; 19 December 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
SC58/2013; [2014] NZSC 188
9 October 2013; 19 December 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
Arbitration — Jurisdiction of court — Application for summary judgment and for stay of judicial proceeding on ground matter subject to arbitration agreement — Which application to be heard first — Whether and when court to grant stay of judicial proceeding — Whether and when no dispute existed between parties — Whether willingness of court to grant summary judgment meant no dispute between parties — Arbitration Act 1996, sch 1, art 8(1).
Practice and procedure — Judgment — Settlement following hearing — Matter of general importance and fully argued.
Practice and procedure — Stay of proceedings — Matter subject to arbitration agreement — Application for summary judgment and for stay of judicial proceeding on ground matter subject to arbitration agreement — Which application to be heard first — Whether and when court to grant stay of judicial proceeding — Whether and when no dispute existed between parties — Whether willingness of court to grant summary judgment meant no dispute between parties — Arbitration Act 1996, sch 1, art 8(1).
Practice and procedure — Summary judgment — Availability when legal questions argued and ruled on — Observation.
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