5 May 2014
SAVVY VINEYARDS 3784 LTD v ARCK LTD [2014] NZHC 903
- Citation
- [2014] NZHC 903
- Court
- High Court
The plaintiff failed to prove on the balance of probabilities that the option notices were served in accordance with the contractual notice provisions, so the options were not exercised; the purchase price clause (cl 4.2) unambiguously requires calculation on the lesser of the target cropping level or the tonnes harvested, and that method governs price; the agreements remain binding and the plaintiff may recover damages for the defendant's wrongful repudiation, quantum to be determined if not agreed.