1 Jul 2020
FOREST HOLDINGS (NZ) LIMITED v SHEUNG [2020] NZHC 1529
- Citation
- [2020] NZHC 1529
- Court
- High Court
The Court held the written JV Agreement never had legal effect because clause 2.1 tied commencement to both execution and cleared payment, the executed document post‑dated the specified date without lawful alteration, and no valid written variation was pleaded or proved. Further, even if the JV had been effective, there was no clear contractual obligation by Sheung to pay the $1,170,000 directly to Forest Holdings and the alleged 2018 variation failed the agreement's formal variation requirement. Accordingly formal proof failed and the claim against Sheung was dismissed.