Stayinfront Inc v Tobin and Skinner

[2008] NZCA 367

IN THE COURT OF APPEAL OF NEW ZEALAND

CA197/2008
[2008] NZCA 367

BETWEENSTAYINFRONT INC, GREAT ELK COMPANY INC, STAYINFRONT (ASIA PACIFIC) LIMITED, AND SPLASHNET INC

Applicants

ANDWARREN TOBIN

First Respondent

ANDJOANNE SKINNER

Second Respondent

Hearing:9 September 2008

Court:Chambers, Arnold and Ellen France JJ

Counsel:B R Latimour and R L Towner for Applicants

R D Wallis for Respondent

Judgment:15 September 2008 at 4 pm

JUDGMENT OF THE COURT

A        Leave to appeal is granted with respect to the following question of law:

Was the Employment Court wrong in refusing to strike out the respondents’ claims on the basis that there was a genuine dispute as to whether the respondents had affirmed the settlement agreements, a dispute which the court said could not be resolved on a strike-out application? 

B        Costs on this application reserved. 

Solicitors:
Bell Gully, Auckland, for Applicants
D B Hickson, Auckland, for Respondents