1 Jul 2010
ENVIROSAND MERCER LTD V PERRY RESOURCES (2008) LTD HC HAM CIV 2000-419-000944
- Citation
- openlaw-ad5c7089_fa11_4d86_889a_5d5f5d601d14.pdf
- Court
- High Court
The court held clause 12.2.1(b) permits termination where an obligation is not remedied within 30 days irrespective of materiality; no general good faith limitation or implied term could be read into the express termination regime; no estoppel or waiver was established; consequently the first and second causes of action disclose no reasonably arguable cause and must be struck out; parts of the third cause seeking payment of the second‑year minimum beyond $77,632.80 were unsustainable because payment obligations arose post‑termination and price recovery is barred where the contract is terminat…