21 Dec 2022
LSD 2017 LTD v LANDSCAPING DIRECT LTD (in liquidation) [2022] NZCA 657
- Citation
- [2022] NZCA 657
- Court
- Court of Appeal
There was an actionable misrepresentation that a 15-year extension had been agreed, but LSD could not obtain relief because (a) entire agreement clauses in the executed contracts made it fair and reasonable to treat prior representations as superseded, and (b) reliance was unreasonable in the circumstances given the Royalty Agreement's clear non-assignability and the lack of written documentation; the appeal is dismissed, with leave granted only to amend pleadings to assert overpayment of the annual option fee (which claim was dismissed on its merits) and leave declined to add a contractual m…