25 Jul 2019
TOWER INSURANCE LIMITED v NICON LIMITED [2019] NZCA 332
- Citation
- [2019] NZCA 332
- Court
- Court of Appeal
The Heads of Agreement was objectively intended to be a legally binding contract. Read as a whole and in context it obliged Stream/Tower to offer Nicon all demolition work in respect of properties Nicon had assessed, subject only to Nicon being unable to carry out the work in the required time or being displaced following a genuine competitive tender process in which Nicon participated; the Court of Appeal dismissed the appellants’ challenge to the High Court’s answers to the preliminary questions.