30 May 2014
SAMSON CORPORATION LTD v MACRENNIE COMMERCIAL CONSTRUCTION LTD [2014] NZHC 1203
- Citation
- [2014] NZHC 1203
- Court
- High Court
The Deed's plain wording imposed guarantees covering manufacture and compliance in China and was not, on its face, limited to discharge on shipment; however the pre-contractual correspondence and draft exchange (including the drafter's covering email) established a common assumption and representation accepted by the parties that the trustees' guarantee would expire on shipment ex-China; it would be unconscionable for Macrennie to resile from that assumption; accordingly summary judgment granted for the fourth third parties and the third-party claim against them dismissed; issues as to novati…