New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of joint venture agreement

Legal area

Court

5 Mar 2010

SHELL (PETROLEUM MINING) COMPANY LIMITED V TODD PETROLEUM MINING COMPANY LIMITED HC WN CIV-2009-485-2024

Citation

openlaw-fb369c11_5c4e_411f_a521_240f5551c24e.pdf
Court

High Court

Court granted leave only on specific questions: Shell granted leave to appeal on the scope of STOS's powers under clause 5 of JV55 and whether STOS must refer known disputes to a KMC meeting; Todd granted leave to appeal on two questions about the proper definition and application of 'main field storage' (questions 4 and 5). All other leave applications were refused. The court affirmed the statutory framework for art 33/34 timing: art 34(3) may extend the three-month limitation prospectively only where an art 33 request was reasonably connected to the question of law; arbitral corrections und…
22 Feb 2006

TODD PETROLEUM MINING V SHELL (PETROLEUM MINING) COMPANY LIMITED AND ORS CA CA125/05

Citation

openlaw-65100bca_fabe_4151_80ae_57f68d032a27.pdf
Court

Court of Appeal

The appeal is allowed: clause 5 does not apply to determine whether a proposed purpose is reasonably incidental to a purpose in clause 2 of the JVA; disputes over the scope of clause 2 are not to be classified by majority under clause 5 but are governed by clause 14 (arbitration); the open access issue is moot but a declaration to that effect is appropriate.