SAVVY VINEYARDS 3552 LTD & ANOR v KAKARA ESTATE LTD & ANOR [2013] NZSC 71
Leave to appeal was granted to determine whether the Court of Appeal was correct in concluding that the applicants had not been substituted for Goldridge Estate Ltd by novation in respect of the management and supply agreements.
Source-derived case information.
- Citation
- [2013] NZSC 71
- Parties
- Applicant: SAVVY VINEYARDS 3552 LIMITED; Applicant: SAVVY VINEYARDS 4334 LIMITED; Respondent: KAKARA ESTATE LIMITED; Respondent: WETA ESTATE LIMITED
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 July 2013
- Procedural Posture
- Appeal to Supreme Court / Leave to Appeal Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Novation, Substitution of Parties, Management Agreements, Supply Agreements
Source-derived case record
Summary, issues, holding and outcome
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Parties
SAVVY VINEYARDS 3552 LIMITED
Applicant
SAVVY VINEYARDS 4334 LIMITED
Applicant
KAKARA ESTATE LIMITED
Respondent
WETA ESTATE LIMITED
Respondent
Procedural Posture
Appeal to Supreme Court / Leave to Appeal Granted
Legal Issues
- 1 Whether the applicants had been substituted for Goldridge Estate Ltd by novation in respect of the management and supply agreements
Ratio Decidendi
Leave to appeal was granted to determine whether the Court of Appeal was correct in concluding that the applicants had not been substituted for Goldridge Estate Ltd by novation in respect of the management and supply agreements.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted
- Approved ground of appeal specified: whether the applicants were substituted for Goldridge Estate Ltd by novation in respect of the management and supply agreements
Full Case Text
Judgment text and source record
1 paragraphs
SAVVY VINEYARDS 3552 LTD & ANOR v KAKARA ESTATE LTD & ANOR [2013] NZSC 71 [17 July 2013]IN THE SUPREME COURT OF NEW ZEALANDSC 44/2013[2013] NZSC 71BETWEEN SAVVY VINEYARDS 3552 LIMITEDFirst ApplicantAND SAVVY VINEYARDS 4334 LIMITEDSecond ApplicantAND KAKARA ESTATE LIMITEDFirst RespondentAND WETA ESTATE LIMITEDSecond RespondentCourt: Elias CJ, William Young and Arnold JJCounsel: D P H Jones QC and C L Bryant for ApplicantsR E Harrison QC and W D Woodd for RespondentsJudgment: 17 July 2013JUDGMENT OF THE COURTA Leave to appeal is granted.B The approved ground is whether the Court of Appeal was correct to conclude that the applicants had not, by novation, been substituted for Goldridge Estate Ltd in respect of the management and supply agreements in issue in the proceedings.____________________________________________________________________Solicitors:Hesketh Henry, Auckland for ApplicantsBoyle Mathieson, Auckland for Respondents