28 May 2019
AIR NEW ZEALAND LTD v BP OIL NEW ZEALAND LTD & ORS [2019] NZHC 1187
- Citation
- [2019] NZHC 1187
- Court
- High Court
The court found a contract for supply existed on the express and implied terms and, applying BP Refinery criteria and contextual factors, implied a term that Z must take all reasonable endeavours to supply Air NZ's fuel requirements; an unqualified continuous supply obligation was not reasonable or commercially coherent in context; the court also found Z satisfied the reasonable endeavours obligation and the contracts were not frustrated.