30 Mar 2010
GREYMOUTH GAS KAIMIRO LIMITED AND ANOR V GXL ROYALTIES LIMITED SC 98/2009
- Citation
- GREYMOUTH GAS KAIMIRO LIMITED AND ANOR V GXL ROYALTIES LIMITED SC 98/2009
- Court
- Supreme Court
Leave to appeal was granted to determine whether GXL must plead to Greymouth's allegation that consent was refused for collateral reasons unrelated to financial capability; the parties' concession that clause 7.2(a) limits refusal to financial capability does not by itself resolve the pleading issue because factual findings about improper purpose and financial incapacity are necessary to decide whether an improper collateral purpose precludes withholding consent.