16 Dec 2022
NEW ZEALAND’S BLUFF OYSTER COMPANY (2013) LTD v MAASS MUSSELS & OYSTERS LTD [2022] NZHC 3475
- Citation
- [2022] NZHC 3475
- Court
- High Court
The High Court held the HoA was frustrated by the statutory biosecurity intervention, but clause 2.3 ('additional rent') related to the acquisition of MMO's oysters (cl 4) rather than ordinary future rent, and that part of the agreement was properly severable under s68 CCLA and was wholly performed except for ascertainable payments; NZBO was liable for the outstanding unpaid portion ($195,000) but the District Court's application of 12% contractual default interest was quashed and interest is to be recalculated under applicable statutory regimes.
- Frustration of contract
- Severance under s68 contract and commercial law act 2017
- Contractual interpretation
- Monetary relief and interest
- Admissibility of negotiation/subsequent conduct evidence