31 Aug 2015
WAIHOPAI VALLEY VINEYARD LTD v SAVVY VINEYARDS 3550 LTD [2015] NZHC 2089
- Citation
- [2015] NZHC 2089
- Court
- High Court
Court held cl 4.6 must be read as limiting buyer's entitlement to buy an entire bumper harvest at the cl 12.1-priced cap where the total crop exceeds cl 12.1 targets by 40% or more — in that event grower must offer first refusal at a negotiated price or else sell to third parties; Savvy breached GSA and VMA by concealing tonnages, delaying/providing weighbridge records late, and selling 2011 and 2014 crops without title and without allowing Waihopai to exercise contractual rights; cl 4.6 and cl 4.7 are essential; Waihopai's summary cancellation of 3 June 2014 was invalid because it did not co…