21 Jun 2017
Precast NZ Limited v Anystep Limited [2017] NZHC 1371
- Citation
- [2017] NZHC 1371
- Court
- High Court
Clause 2.2 of the licence is properly construed to include wilful blindness but not a wider doctrine of constructive knowledge; no implied term was to be read into the contract requiring constructive knowledge. On the facts Any Step did not have actual knowledge or wilful blindness of an intended on-sale to McIntosh and therefore did not breach cl 2.2. The contract (cl 9.1) obliges Any Step to supply rubber extrusion strips; Any Step's refusal in Jan 2016 was a breach and a declaration ordering supply on usual terms was warranted. The Support Clause is limited and does not impose the broad im…