26 Nov 2020
AUSCOW DAIRY (NZ) LIMITED v NEW ZEALAND DAIRY PROCESSING LIMITED [2020] NZHC 3129
- Citation
- [2020] NZHC 3129
- Court
- High Court
Application for formal proof was dismissed because Auscow failed to prove NZDPL's liability on the balance of probabilities: the agreement's terms and other clauses supported Auscow bearing operating obligations, the accounting interpretation was inconsistent with contract wording, key evidence was missing or untranslated, and there was no adequate reconciliation demonstrating reimbursement obligations from NZDPL.