5 Dec 2013
COXHEAD v WALLBANK [2013] NZHC 3249
- Citation
- [2013] NZHC 3249
- Court
- High Court
Clause 138 creates two alternative strict notice periods: within 21 clear business working days of becoming aware of a breach or no later than 21 clear business working days from the end of the relevant season. The Hackshaw solicitor's letter could not be proved to have been received within the prescribed period and therefore did not constitute valid notice; the McVeigh letter of 22 November 2010 did provide sufficient detail to satisfy clause 138 for the matters it contained, so those parts of the claim were validly commenced. Although the arbitrator made observations beyond the preliminary…