Clark v Brendon Price Computers Limited

[2019] NZHC 829

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-503

[2019] NZHC 829

IN THE MATTER OF

An application for relief under sections 170, 172 and 174 of the Companies Act 1993

AND

General proceedings seeking relief at common law including damages for breach of contract

BETWEEN

AND

BRADLEY D M CLARK

First Plaintiff

RARANGI DIVERSION LIMITED
Second Plaintiff

AND

AND AND

BRENDON PRICE COMPUTERS LIMITED

First Defendant

BRENDON MORGAN PRICE
Second Defendant

TASMAN TECHNOLOGY LEASING LIMITED

Third Defendant

Hearing:

26 March 2019

Appearances:

M Keall for the Plaintiffs

K Puddle for the First and Second Defendants
No appearance by or on behalf of the Third Defendant

Judgment:

16 April 2019

JUDGMENT (No. 2) OF POWELL J

This judgment was delivered by me on 16 April 2019 at 12.30 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar:   Date:

CLARK v BRENDON PRICE COMPUTERS LIMITED [2019] NZHC 829 [16 April 2019]

[1]                 In my judgment of 5 April 2019,1 I reserved leave for the parties to file further submissions on any consequential orders required to give effect to the judgment, and in particular with regard to what should happen to the first cause of action that was not affected by the stay application, and costs.2

[2]                 The parties have now responded by way of a helpful joint memorandum which has confirmed that they have now agreed to arbitrate the first cause of action as well and that as a result the first cause of action should also be stayed. I make that order accordingly. I also note the constructive approach taken by the parties to ensure that the arbitration can commence expeditiously as well as the agreement that has been reached on the costs, meaning that any further orders from the Court are not required.

Powell J

1      Clark v Brendon Price Computers Ltd [2019] NZHC 700.

2      At [29] and [30].