12 Apr 2013
KAKARA ESTATE LIMITED V SAVVY VINEYARDS 3552 LIMITED COA CA178/2012
- Citation
- COA CA178/2012
- Court
- Court of Appeal
Clause 1.2(c) expands the class of "party" to include original parties and their assigns, but the 2009 transfers from Goldridge to the Savvy companies were assignments not novations because Kakara never consented to the proposed novation (it was asked to sign the deed of novation and declined to do so) and the subsequent conduct of Kakara was not sufficiently clear and unequivocal to infer consent to create a new contract substituting the Savvy companies for Goldridge; therefore Goldridge remained a party whose liquidation validly triggered termination and the High Court declarations in favou…