16 Nov 2018
COMMERCIAL FACTORS LTD v MELTZER [2018] NZCA 505
- Citation
- [2018] NZCA 505
- Court
- Court of Appeal
The Court dismissed the appeal: clause 3.4 was to be given its ordinary meaning so was not triggered because proceedings had been filed; clause 3.2 did not extend to the Liquidators or their partner‑funders as "another party" (it contemplated an independent third‑party funder); the Liquidators therefore did not breach the Agreement and, in any event, did not act other than in good faith such that clause 6.1 would not protect them; the agency argument failing because it would improperly attribute principal's obligations to the agent and render clause 6.1 meaningless.