New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Heads of agreement interpretation

Legal area

Court

9 Feb 2023

TAVENDALE & PARTNERS LTD v DINEEN [2023] NZHC 157

Citation

[2023] NZHC 157
Court

High Court

Leave to appeal was granted because several proposed grounds were found arguable, in particular the important legal issue concerning the correct standard of review (prima facie versus full review) on challenges to existence/validity/scope of arbitration agreements; delay was not a significant factor and the interests of justice favored granting leave, although the Court identified the first proposed ground (reliance on an unpleaded clause) as lacking merit.
18 Dec 2007

SHELL (PETROLEUM MINING) CO LTD AND ORS V TODD PETROLEUM MINING CO LTD AND ORS CA CA144/06

Citation

openlaw-a24253df_03c4_484d_bee3_e1abc8a0acfa.pdf
Court

Court of Appeal

The Court held Shell breached clause 9.1 of the Heads of Agreement by procuring the proposed resolutions and that the HoA core terms and the STOS employment contract precluded Shell compelling STOS to resign as operator; STOS's resignation would be a breach/repudiation of its employment contract and Todd, as party to that contract, was entitled to injunctive relief restraining Shell-appointed directors and STOS from resolving to remove STOS as operator; the appeal was dismissed and the cross-appeal partly allowed (injunction against STOS affirmed and one declaration set aside).