24 Sept 2010
MARIMA VALLEY FARM LIMITED V FLORA BERYL BARTHOLOMEW, DAVID JOHN TULLOCH AND DOUGLAS ROWAN CA509/2010
- Citation
- openlaw-42b44913_5730_4914_88c5_f9c236240c8c.pdf
- Court
- Court of Appeal
On the material before the Court, clause 22.9 was not solely for the purchasers' benefit because Marima had an independent, legitimate interest arising from Fonterra's constitution which restricted transfers to accepted suppliers; accordingly the clause could not be unilaterally waived by the purchasers and summary judgment was inappropriate; the appeal was allowed and the summary judgment set aside.