28 Jul 2015
GLADVALE FARMS LTD v RR & KJ BATY PARTNERSHIP [2015] NZHC 1736
- Citation
- [2015] NZHC 1736
- Court
- High Court
The High Court held the arbitrator erred by awarding Value Add to the sharemilkers by estoppel when estoppel had not been pleaded and essential facts of reliance were not alleged or proved; however, on contractual interpretation the agreement likely entitled the sharemilkers to share of Value Add and the arbitrator must be remitted to reconsider the contract interpretation, costs and interest in light of the Court's opinion and permitted procedural remedies (including allowing amendment to pleadings or reconsidering estoppel). The winter milking loss claim was a factual determination and not…