4 May 2020
MATAPIRO OLIVES (2008) LIMITED v THE OLIVE PRESS LIMITED [2020] NZHC 876
- Citation
- [2020] NZHC 876
- Court
- High Court
The parties' exchanged emails unambiguously created a contractual obligation requiring Matapiro to consign a minimum of 250 tonnes of olives in each season 2018–2020 in consideration for the discounted flat rate; Matapiro breached that obligation by consigning no fruit in 2019, justifying The Olive Press' invoice for the minimum amount, but the Court required further evidence on whether The Olive Press suffered net loss equal to the invoiced sum (i.e. whether cost savings reduced recoverable loss) and therefore did not finally set aside the statutory demand pending that further evidence.