24 Mar 2021
Leave to appeal was refused because the proposed appeal did not raise any question of law requiring clarification by a second appeal; established common law principles that damages compensate probable loss applied and the trial judge was entitled to find the Mills probably would have recovered the GST refund in reliance on the warranty.
23 Oct 2019
The court affirmed the Arbitrator's construction that the UHT Agreement's liquidated damages provisions applied only to the expressly identified scenarios (first season and peak months) and did not displace the ordinary common law remedy for whole-season shortfalls where the contract was silent; on the facts MNZ's failure to comply with the notification regime caused the seasonal shortfalls and Miraka's obligation was thereby excused or reduced to best endeavours as to orders, so Miraka was entitled to damages for Seasons Two and Three; however the Arbitrator erred in law to the extent he awa…