Savvy Vineyards 3552 Limited and Savvy Vineyards 4334 Limited v Kakara Estate Limited and Weta Estate Limited - SC 44/2013
Summary
Civil appeal – Contract Interpretation – Whether transfer of agreements to appellants by original contracting parties constituted an assignment or novation – Whether respondents’ actions were indicative of consent to novation by conduct – Whether Court of Appeal was correct to conclude that the notices of termination issued by the respondents’ in respect of agreements were valid. [2013] NZCA 101 CA 178/2013
Result
Leave to appeal is granted.
The approved ground is whether the Court of Appeal was correct to conclude that the applicants had not, by novation, been substituted for Goldridge Estate Ltd in respect of the management and supply agreements in issue in the proceedings.
17 July 2013
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A The appeal is allowed. The judgment of the Court of Appeal is set aside and the judgment of Andrews J is restored.B In this Court, the appellants are entitled to costs of $25,000 together with disbursements to be fixed by the Registrar.
C In the Court of Appeal, the appellants are entitled to costs and disbursements to be fixed by that Court.
5 September 2014
Additional Information
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.