New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Minimum volume obligations

Legal area

Court

21 Sept 2020

SHANGHAI JULIANNENG TRADING CO LIMITED v MIRAKA LIMITED [2020] NZCA 442

Citation

[2020] NZCA 442
Court

Court of Appeal

Special leave was dismissed because the High Court conducted its own independent assessment of contract interpretation so any different standard of review would not change the outcome; the contested issues are matters of contractual interpretation unsuited to a second appeal and the finality of arbitral awards outweighs the parties' interest in further litigation.
23 Oct 2019

MILK NEW ZEALAND (SHANGHAI) CO. LIMITED v MIRAKA LIMITED [2019] NZHC 2713 [23 October 2019]

Citation

[2019] NZHC 2713
Court

High Court

The court affirmed the Arbitrator's construction that the UHT Agreement's liquidated damages provisions applied only to the expressly identified scenarios (first season and peak months) and did not displace the ordinary common law remedy for whole-season shortfalls where the contract was silent; on the facts MNZ's failure to comply with the notification regime caused the seasonal shortfalls and Miraka's obligation was thereby excused or reduced to best endeavours as to orders, so Miraka was entitled to damages for Seasons Two and Three; however the Arbitrator erred in law to the extent he awa…