The Rintoul Group Ltd v Far North District Council [2019] NZDC 7305

Published 06 September 2019

Stay of proceedings — summary judgment — Arbitration Act 1996 — Construction Contracts Act 2002 ss 14 & 23 — contractual dispute — Zurich Australian Insurance Limited v Cognition Education Limited [2015] 1 NZLR 383 — Williams Investment Group Limited v Kings New Developments Limited DC Tauranga, CRI-2007-070-001323 11 August 2008. The plaintiff applied for summary judgment in respect of six contractual disputes with the defendant. The parties had entered into multiple contracts in 2014 relating to culvert replacements and slip repairs on various roadways. The contracts had the same disputes sections. The defendant filed an appearance under protest, arguing the proceedings should be referred to arbitration. The facts of the case were not in dispute; at issue was the applicability of the summary judgment procedure, Arbitration Act 1996 and provisions of the Construction Contracts Act 2002. The Judge reviewed the contracts, the submissions from the parties and their correspondence and conduct and held that the contracts satisfied Article 8(1), Schedule 1, of the Arbitration Act. For that reason, the Judge ordered a stay of proceedings and referred the disputes to arbitration. Judgment Date: 18 April 2019.

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