Kahala Holdings Limited (formerly Nalder & Biddle (Nelson) Limited v C & F Fishing Ltd - SC 67/2006
Summary
Civil – contract – incorporation of exclusion clauses – whether Court of Appeal erred in finding clauses had not been sufficiently brought to the attention of the respondent – whether Court of Appeal erred in effectively applying a two-stage test to the incorporation of the conditions in question – whether conditions were unusual or onerous in the circumstances. CA 145/05 31 July 2006
Result
Applications for leave to appeal and cross appeal dismissed.
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Costs $2,500 plus disbursements to the respondent. 21 November 2006
Additional Information
Kahala Holdings Ltds v C & F Fishing Ltd [2006] NZSC 98 21 November 2006
NALDER & BIDDLE (NELSON) LTD V C & F FISHING LTD CA CA145/05 31 July 2006