8 Dec 2006
TNF BANDIT V AIR NATIONAL AND ANOR HC AK CIV 2005-404-1886
- Citation
- openlaw-de414e51_608f_400b_b9cf_4e59cee01cd2.pdf
- Court
- High Court
Breach of the warranty that the aircraft be fit for immediate operation under Part 125 was established but was not substantial because the aircraft could lawfully operate at a lower MCTOW and the plaintiff continued to receive the primary benefit of the option; TNF Bandit did not validly cancel nor prove repudiation; claims against the director failed for lack of personal representation; accordingly plaintiff's claims failed and judgment is for the defendants.
- Option agreement
- Warranty and fitness for purpose
- Substantial breach and cancellation
- Repudiation
- Misrepresentation
- Fair trading act ss 9 and 13