1 Feb 2018
GIBSON AND Anor v MOBIL OIL NEW ZEALAND LIMITED & Ors [2018] NZHC 41
- Citation
- [2018] NZHC 41
- Court
- High Court
The DOCA was to be interpreted so that a participant creditor whose contingent claim crystallises after the Restructuring Effective Date can, upon entry of its claim on the Participant Creditors Schedule, be entitled to catch-up payments under clause 11.11; clause 11.6 distinguishes contingent claims from late claims but does not categorically preclude the operation of clause 11.11 to provide retrospective adjustment upon amendment of the schedule, consistent with pari passu and commercial context.