3 Dec 2018
AFFCO NEW ZEALAND LIMITED v NZ PREMIUM TRADING COMPANY LIMITED [2018] NZHC 3149
- Citation
- [2018] NZHC 3149
- Court
- High Court
AFFCO entitled to judgment for the specified balance because AFFCO only bore liability for half the Chinese storage costs of the First Container (loss of the MPI health certificate causing further delay was NZ Premium's responsibility), AFFCO refunded/cancelled and replaced the Shandong shipments by agreement (creating new contracts) and was not liable for NZ Premium's lost profits, and the CIF/FOB allocation together with the 18 August 2014 agreement left customs clearance and related costs for the Shanghai Container with NZ Premium; NZ Premium's counterclaims therefore fail.