10 Feb 2010
VECTOR GAS LIMITED V BAY OF PLENTY ENERGY LIMITED SC 65/2008
- Citation
- VECTOR GAS LIMITED V BAY OF PLENTY ENERGY LIMITED SC 65/2008
- Court
- Supreme Court
The Supreme Court allowed the appeal and reinstated the High Court decision: on an objective reading of the correspondence and commercial context the parties had negotiated and adopted a common assumption that $6.50 per GJ was a gas-only price exclusive of transmission, and BoPE was estopped from asserting otherwise; accordingly transmission costs were payable in addition to the $6.50 comparator.