12 Sept 2011
HUNTER GRAIN LIMITED V J SWAP CONTRACTORS LIMITED HC TAU CIV-2008-470-837
- Citation
- openlaw-5a3caeca_ad35_4a9d_bedd_5aa8e5732e46.pdf
- Court
- High Court
Court found on the balance of probabilities that a long-term trading relationship existed from August 2004, supplemented by subsequent conduct; an implied term requiring reasonable notice applied; Price breached fiduciary duties by pursuing Toepfer arrangements while an employee/director and concealed them; J Swap (through Stephen Swap) dishonestly assisted and conspired with Price/Toepfer to supplant Hunter Grain; Hunter Grain Ltd entitled to damages assessed at NZD 4,638,521; Hunter Grain (NZ) Ltd entitled to judgment on its lease renewal claim with inquiry into damages; certain lease claim…