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Walbrook Holding Ltd v Donohue [2018] NZDC 14883

Published 29 May 2019

Summary Judgment — enforce award at arbitration — Arbitration Act 1996. The plaintiff sought summary judgment against the defendants, to enforce an award at arbitration declaring the defendants liable for remedial work on commercial premises owned by the plaintiff. The arbitrator had found in favour of the plaintiff, leaving two questions for the Court: whether the defendants were liable as the tenant under the arbitral award; and whether they had an arguable defence to the plaintiff's claim. The Judge examined the lease agreement and found there were conflicts between the wording of the deed of assignment and the terms of the lease. Therefore, the Judge held that the defendants had two arguable defences: firstly, that they were not liable tenants under the arbitral award (as it did not specify the liable tenant); and secondly, that liability under the lease had ended. The application for summary was declined. Judgment Date: 23 July 2018.

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