15 Dec 2014
EASTERN PACIFIC TRADING LIMITED v INTERNATIONAL PRIMARY PRODUCTS (NZ) LIMITED [2014] NZHC 3225
- Citation
- [2014] NZHC 3225
- Court
- High Court
The contract had been varied by the parties' conduct to the extended delivery schedule; EPT failed to perform and by its communications repudiated the contract, entitling Adonis to cancel on 15 June 2012; clause 7(3) and the factual identification of the logs meant title passed to Adonis on payment, so Adonis was entitled to the monies paid into Court; EPT's claim for wasted expenditure failed because cancellation was justified and no equitable or statutory basis supported EPT's claim to the funds.