1 Jun 2023
KEEZZ LTD v TE WHATU ORA – HEALTH NEW ZEALAND [2023] NZHC 1360
- Citation
- [2023] NZHC 1360
- Court
- High Court
The Services Agreement required written notice from the Steering Committee that all actions necessary to implement measurable annual savings of NZ$25,000,000 had been delivered; no such written notice was given and objective financial analysis did not establish NZ$25,000,000 of measurable savings (WDHB valuation c. NZ$9.4–9.7m); the December 2017 period was an agreed temporary abeyance with limited cover for which WDHB paid; the purported assignment/novation to KNZ was ineffective; WDHB validly terminated for cause on 21 June 2018 (Boyd's abandonment/insolvency and related issues); plaintiffs…
- At risk fee
- Contract variation
- Termination for cause
- Novation and assignment
- Relief under contracts and commercial law act
- Damages and quantification of savings