2 Jun 2016
WATSON & SON LIMITED v WHITEHEAD & ORS AS TRUSTEES OF THE J AND R WHITEHEAD TRUST [2016] NZCA 241
- Citation
- [2016] NZCA 241
- Court
- Court of Appeal
Equitable set‑off between amounts owing for honey and amounts owing for hive rental must be applied at each periodic due date so that interest is charged only on the net balance; Shiloh had no legal entitlement to demand JRWT pay rental directly under the renegotiated November 2011 arrangements and clause 4.2 of 2010 agreements did not continue to govern after the deed of arrangement; contractual 18% interest on overdue honey remained payable until actual payment; damages for hives were limited to proven repair costs; indemnity costs under the honey agreement were not appropriate in full and…