GREENSHELL NEW ZEALAND LIMITED (IN RECEIVERSHIP) v KENNEDY BAY MUSSEL COMPANY (NZ) LIMITED [2015] NZSC 180
The Supreme Court granted leave to appeal and cross-appeal and identified the two substantive issues for determination: jurisdiction to grant relief against forfeiture and, if jurisdiction exists, whether relief should have been granted by the Court of Appeal.
Source-derived case information.
- Citation
- [2015] NZSC 180
- Parties
- Applicant: Greenshell New Zealand Limited (In Receivership); Respondent: Kennedy Bay Mussel Company (NZ) Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 November 2015
- Procedural Posture
- Appeal to Supreme Court / Leave to Appeal and Cross Appeal Granted
- Outcome
- Leave to appeal and leave to cross-appeal granted; substantive issues certified for hearing
- Legal Topics
- Forfeiture, Relief Against Forfeiture, Lease, Sub Licence, Jurisdiction to Grant Relief
Source-derived case record
Summary, issues, holding and outcome
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Parties
Greenshell New Zealand Limited (In Receivership)
Applicant
Kennedy Bay Mussel Company (NZ) Limited
Respondent
Procedural Posture
Appeal to Supreme Court / Leave to Appeal and Cross Appeal Granted
Legal Issues
- 1 Whether the Court of Appeal had jurisdiction to grant relief against forfeiture of rights under the deed of lease and deed of sub-licence
- 2 If jurisdiction existed, whether the Court of Appeal erred in declining to grant such relief
Ratio Decidendi
The Supreme Court granted leave to appeal and cross-appeal and identified the two substantive issues for determination: jurisdiction to grant relief against forfeiture and, if jurisdiction exists, whether relief should have been granted by the Court of Appeal.
Court Disposition
Leave to appeal and leave to cross-appeal granted; substantive issues certified for hearing
Orders
- Leave to appeal granted
- Leave to cross-appeal granted
Full Case Text
Judgment text and source record
1 paragraphs
GREENSHELL NEW ZEALAND LIMITED (IN RECEIVERSHIP) v KENNEDY BAY MUSSEL COMPANY (NZ) LIMITED [2015] NZSC 180 [24 November 2015]IN THE SUPREME COURT OF NEW ZEALANDSC 104/2015[2015] NZSC 180BETWEEN GREENSHELL NEW ZEALANDLIMITED (IN RECEIVERSHIP)ApplicantAND KENNEDY BAY MUSSEL COMPANY(NZ) LIMITEDRespondentCourt: Elias CJ, William Young and O'Regan JJCounsel: D R Kalderimis and K E Yesberg for ApplicantB A Fletcher and D P Neild for RespondentJudgment: 24 November 2015JUDGMENT OF THE COURTA Leave to appeal is granted (Greenshell New Zealand Ltd (In Receivership) v Kennedy Bay Mussel Company (NZ) Ltd [2015] NZCA 374).B Leave to cross-appeal is also granted.C The approved grounds are:(i) Was the Court of Appeal correct to find there was jurisdiction to grant the applicant relief against forfeiture of its rights under the deed of lease and deed of sub-licence?(ii) If so, did the Court of Appeal err in declining to grant such relief?____________________________________________________________________Solicitors:Chapman Tripp, Wellington for ApplicantGascoigne Wicks, Blenheim for Respondent