New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Best endeavours clauses

Legal area

Court

19 Nov 2018

AUTOTERMINAL NEW ZEALAND LIMITED v IBC JAPAN LIMITED [2018] NZHC 2986

Citation

[2018] NZHC 2986
Court

High Court

Although ATNZ established serious questions to be tried as to breaches of the alleged supplemental agreements and some VSA obligations, the Court refused the interim injunction because damages would be an adequate remedy, there were real doubts about the lawfulness and enforceability of the supplemental agreements under the Commerce Act s27, practical and enforcement difficulties with granting mandatory relief for sale of goods (particularly given cross-border performance in Japan), and ATNZ's precarious financial position and large contingent debt to IBC weighed against granting interlocutor…
8 Sept 2010

I-HEALTH LIMITED V ISOFT NZ LIMITED AND ANOR HC AK CIV-2006-404-007881

Citation

openlaw-3499c3c7_21f7_4b46_bb2a_dba7a9a9512b.pdf
Court

High Court

Clause 3.1(k) of the Variation Agreement limits the defendants' aggregate liability for breaches of the agreement (including breaches of clauses 3 and 3A and the best endeavours obligations) to $5,000,000; the exclusion in the second sentence of 3.1(k) applies only to the purchaser's payment obligations defined as the purchase price and payments under clauses 3A(a)–(f) for software revenue actually received, and does not exclude interest — any interest awarded (including under s 87) falls within the $5,000,000 cap.