24 Apr 2008
CRAGGY RANGE VINEYARDS LIMITED V I A CAMPBELL, J HUGHES AND S C BISS CA CA254/07
- Citation
- openlaw-66a86d2e_7634_426c_89ef_43cb8b7200cc.pdf
- Court
- Court of Appeal
The Court held that the 8 l/s bore consent obtained after Craggy Range declared the condition satisfied was properly attributable to the initial 25 l/s required for the 60 hectares and did not trigger additional payment under cl 20.2; the 50 l/s winter river consent did not trigger cl 20.2 because the agreement is predicated on summer flow rates when irrigation is required and did not treat stored winter water as a source for triggering additional payments absent clear contractual words; accordingly the High Court order for additional payment and consequential interest and costs was quashed a…