13 Apr 2022
FARRAND ORCHARDS LTD v KERIKERI IRRIGATION COMPANY LTD [2022] NZHC 765
- Citation
- [2022] NZHC 765
- Court
- High Court
FOL lacked standing to sue under the 2010 WSA because the contract was with FFT (the landowner); plaintiffs could not invoke undisclosed‑principal or transferred‑loss exceptions on these facts; no binding 2016 agreement was concluded to install a second meter; the WSA expressly required KI to supply to the meter boundary and made the User responsible for on‑property distribution so no implied term obliging KI to supply beyond its rights of access could be read in; no term implying a minimum psi was necessary or established; the restrictor valve fitted was an appropriate Maric 138 lpm flow con…