11 Aug 2004
AUCKLAND CITY COUNCIL V UNION HOUSE LTD & Anor CA CA162/03
- Citation
- openlaw-aab7e292_862a_4045_a14a_3ee2fde9f6b7.pdf
- Court
- Court of Appeal
Confidentiality clause impliedly restricts assignment only to the extent necessary to protect the confidentiality objective: a purported assignment without the other party's consent will be ineffective if the assignor breached the confidentiality clause by disclosing some or all terms to the assignee; on that basis the appeal is allowed and the question of whether a breach occurred is remitted to the High Court.
- Confidentiality clause
- Assignment of contractual rights
- Right of first refusal
- Caveat
- Implied terms
- Remittal under s62 judicature act