3 Aug 2007
BAY OF PLENTY ELECTRICITY LTD V VECTOR GAS LTD HC WN CIV-2004-485-2287
- Citation
- openlaw-01835d59_3547_49c0_99d4_267bd2e4edf5.pdf
- Court
- High Court
Clause 9.1.6 was engaged by Mr Spellman's 6 February 2003 redetermination under Article 6 of the MGC; the consequential adjustment mechanism in NGC's contract (clause 4.8) reduced NGC's contractual entitlement to Maui gas and therefore reduced its ability to supply Maui gas within the meaning of clause 9.1.6. 'Ability' includes contractual entitlement and capacity not only physical deliverability at a particular snapshot in time. NGC was therefore entitled to exercise the termination right; Strawman implemented but did not create the reduction; the interim supply understanding meant BoPE woul…