Zurich Australian Insurance Limited v Cognition Education Limited
[2013] NZSC 82
•21 August 2013
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 58/2013 [2013] NZSC 82 |
| BETWEEN | ZURICH AUSTRALIAN INSURANCE LIMITED T/A ZURICH NEW ZEALAND |
| AND | COGNITION EDUCATION LIMITED |
| Court: | Elias CJ, McGrath and Arnold JJ |
Counsel: | A R Galbraith QC and M J Francis for Applicant |
Judgment: | 21 August 2013 |
JUDGMENT OF THE COURT
ALeave to appeal is granted.
BThe approved ground for appeal is:
Was the Court of Appeal correct to conclude that there will be no dispute for the purposes of art 8(1) of the First Schedule to the Arbitration Act 1996 unless the defendant has an arguable basis for disputing the plaintiff’s claim as is sufficient to resist an application for summary judgment?
CThe appeal is to be heard on 9 October 2013 at 10.00 am.
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Solicitors:
DAC Beachcroft New Zealand Limited, Auckland for Applicant
Legal People, Auckland for Respondent
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