New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Supply agreement termination

Legal area

Court

1 Jul 2021

G & L INTERNATIONAL TRADING LIMITED v GASOLINE ALLEY SERVICES LIMITED [2021] NZHC 1614

Citation

[2021] NZHC 1614
Court

High Court

The application for interim injunction was dismissed because G&L failed to establish a serious question to be tried on equitable estoppel: there was no clear representation by GAS that a new headlease and sublease would be granted, no reasonable reliance established, the contractual documents expressly provided for expiry and termination, damages were an adequate remedy, and the balance of convenience and commercial certainty favored GAS.
11 Jun 2012

ROADING SOLUTION DISTRIBUTORS LIMITED V TPR HOLDINGS LIMITED HC WN CIV-2012-485-678

Citation

openlaw-b6dc731d_1387_47b2_aa70_1dcb1bb123ce.pdf
Court

High Court

The plaintiff established an arguable genuine and substantial dispute under s 290(4) because the evidence (GST invoice and tax credit note from Environmental Stabilisers, absence of a GST invoice issued by the defendant, and the fact the goods had not been redelivered) raised a plausible contention that the goods had been on-sold and that the defendant had not established a debt was due under clause 17; accordingly the statutory demand was set aside.