30 Aug 2017
THE MALTHOUSE LIMITED v RANGATIRA LIMITED [2017] NZHC 2070
- Citation
- [2017] NZHC 2070
- Court
- High Court
On the admissible contractual text and background the defendant established a reasonably arguable interpretation that clause 9.8 was subject to the Contingent Sunset Date and/or intended as a short‑term protection tied to the EBITDA mechanism; because there is a real question to be tried and a reasonably arguable defence the plaintiff did not meet the no‑defence threshold and summary judgment must be refused.