29 Jul 2016
TAURANGA BRIDGE MARINA LTD v DU FALL, DU FALL AND DU FALL & ORS [2016] NZHC 1747
- Citation
- [2016] NZHC 1747
- Court
- High Court
The High Court is precluded by s17 of the Disputes Tribunals Act from determining the claims against the first defendants because a Tribunal claim was lodged first; licence holders who acquired transferred licences are not bound by the Management Deed by virtue of the Scheme or by mere participation because of privity of contract and lack of contractual incorporation of the Deed into individual licences; the definition of "operating expenses" in the licences (read in context with the Second Schedule and the Management Deed) covers maintenance/status quo and unforeseeable extraordinary managem…