11 Dec 2009
OPEN COUNTRY CHEESE COMPANY LTD V FONTERRA CO-OPERATIVE GROUP LTD HC AK CIV-2008-404-000727
- Citation
- openlaw-a1ce879b_df06_4009_b588_b8c03f8605f0.pdf
- Court
- High Court
The contract did not make time of the essence for the three month forecast; the obligation to supply was triggered by orders under clause 5.1 and neither the contract wording nor surrounding circumstances justified implying that timely provision of the three month forecast was essential; accordingly Fonterra was obliged to supply at the regulated price for March 2008.