Zurich Australian Insurance Limited T/A Zurich New Zealand v Cognition Education Limited

Arbitration – civil procedure

Zurich Australian Insurance Limited T/A Zurich New Zealand v Cognition Education Limited – [2014] NZSC 188 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 19 December 2014

Stay of proceeding to allow claim to be determined by arbitration – meaning of “dispute” in art8, Schedule 1, Arbitration Act – whether grant of stay required tenable defence sufficient to resist summary judgment or only that defendant was acting bona fides in asserting dispute and there was dispute in reality. 

 

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