26 Feb 2008
OPEN COUNTRY CHEESE COMPANY V FONTERRA CO-OPERATIVE GROUP LIMITED HC AK CIV 2008-404-000727
- Citation
- openlaw-f1262824_4cb3_4548_a92a_9d32786ef448.pdf
- Court
- High Court
There was a serious question to be tried, time was not shown to be of the essence in the parties' contract, and the balance of convenience and overall justice favoured maintaining the status quo by ordering Fonterra to supply Open Country at the regulated price for March 2008 subject to the plaintiff's undertaking as to damages.
- Time of essence
- Forecasting obligations
- Regulated raw milk supply
- Commerce act s36
- Dairy industry restructuring act and regulations