24 Apr 2020
BATHURST RESOURCES LIMITED v L&M COAL HOLDINGS LIMITED [2020] NZCA 113
- Citation
- [2020] NZCA 113
- Court
- Court of Appeal
"Shipped from the Permit Areas" in cl 3.4 means transported from the permit boundaries (no requirement of export by sea); cl 3.10 conditionally suspended L&M's right to enforce non-payment only while relevant royalty payments continued from substantive ongoing production (nominal royalties from sales of stockpiled coal after mothballing do not satisfy the condition); no separate implied term was required because the express clause read in context provides the necessary limitation.