16 Sept 2010
MECHANICAL PLASTICS CORP V HOLDFAST NZ LTD HC HAM CIV 2007-419-000845
- Citation
- openlaw-98f2ca61_818b_4647_8537_a0a78b688e73.pdf
- Court
- High Court
The pleaded facts and accompanying evidence do not provide a foundation for an inferred informal distribution contract on the terms alleged; the written agreement's entire‑agreement/variation clause and correspondence undermine any inference of roll‑over, therefore the contract cause of action is not a reasonably arguable claim and must be struck out (paras 5.1–5.2 struck).