19 Nov 2015
NZ CARBON FARMING LTD v MIGHTY RIVER POWER LTD [2015] NZHC 2894
- Citation
- [2015] NZHC 2894
- Court
- High Court
The court held MRP was entitled to withhold and set off amounts mistakenly paid and to do so under the contract/common law; NZCF must provide the Crown emissions return form but not broader material; NZCF was obliged to provide and MRP to buy units transferred under the mandatory five-year reassessment (wash-up); the minimum and maximum volumes under the ERPA are not to be scaled up; payment for invoices rendered in early March is due on 20 March; and costs were awarded to MRP in the sum of $155,521 with disbursements of $35,308.96, reflecting a $100,000 uplift above scale costs.