27 Feb 2018
CONQUEROR INTERNATIONAL LTD v MACH’S GLADIATOR LTD [2018] NZHC 265
- Citation
- [2018] NZHC 265
- Court
- High Court
Defendants failed to prove on the balance of probabilities that an enforceable oral variation to the written ASP existed; the ASP and HOA govern allocation of uncompleted contracts and prepayments, HSD must pay the agreed wash‑up amount $438,006.26 and reimburse Conqueror for the EFAFLEX debt (€37,692); disputed EFAFLEX stock was obsolete and not payable; Le Breton is liable as guarantor/covenantor; contractual and statutory interest and indemnity costs are recoverable as ordered.