18 Dec 2014
PENDARVES PACKING LTD v SOUTHERN BAITS (2003) LTD [2014] NZHC 3327
- Citation
- [2014] NZHC 3327
- Court
- High Court
The supply and distribution agreement expired on 6 November 2008 and was not validly renewed by written notice, formal agreement, oral agreement or conduct; PPL assigned the benefit to SB(2003) but there was no novation releasing PPL; the post-termination 24 month restraint did not apply because the clause refers to 'termination' (clause 11) and expiry under the renewal regime (clause 10) is distinct; SB(2003) breached the agreement before expiry by supplying Top Catch Tauranga and Baitworx is entitled to $1,663; Pendarves' principal claims based on a renewed agreement fail.