27 Mar 2012
IKE V NEW ZEALAND COURIERS LIMITED HC AK CIV-2011-404-000648
- Citation
- openlaw-08bc02bc_53d8_486c_b3a6_29a9feab2bfe.pdf
- Court
- High Court
Clauses 16.1 and 16.2 are disjunctive; clause 16.1(c) permitted the Company to terminate forthwith for two breaches of clause 12 within any 60-day period without an obligation to allow remediation or to follow a fair process; no overarching duty of procedural fairness is implied into this contract for services; admissible evidence (the 2 May 2008 warning/termination letter together with an email screenshot evidencing a delivery without signature) was sufficient to establish the second breach and justify termination; accordingly the District Court judgment for the respondent was correct and th…