3 Apr 2023
KEMPTON HOLDINGS LIMITED v STRAITNZ FREIGHT FORWARDING LIMITED [2023] NZHC 688 [3 April 2023]
- Citation
- [2023] NZHC 688
- Court
- High Court
Clause 2 construed as permitting Kempton to satisfy the resource-consent condition by using all commercially reasonable endeavours and, if approvals were close, to extend the date by up to two months (to 1 September 2018); Kempton obtained consent on 28–29 August 2018 and notified StraitNZ and received no objection, so the condition was satisfied within the specified period; StraitNZ's written cancellation on 20 September 2018 was therefore an unlawful repudiation; estoppel, waiver, variation and affirmation were not established; damages assessed on a mixed methodology to reflect expectation…