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…