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Greenshell New Zealand Limited (in receivership) v Kennedy Bay Mussel Company (NZ) Limited - SC 104/2015

Summary

Civil Appeal – Whether the Court of Appeal erred in declining to exercise its discretion to grant relief from forfeiture of the deeds of lease and licence between the respondent and the applicant. [2015] NZCA 374   CA 3962014

Result

A Leave to appeal is granted (Greenshell New Zealand Ltd (In Receivership) v Kennedy Bay Mussel Company (NZ) Ltd [2015] NZCA 374). B Leave to cross-appeal is also granted. C The approved grounds are: Was the Court of Appeal correct to find there was jurisdiction to grant the applicant relief against forfeiture of its rights under the deed of lease and deed of sub‑licence? If so, did the Court of Appeal err in declining to grant such relief?
24 November 2015
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Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed. 
15 February 2016

Related Documents

Leave judgment - leave granted — GREENSHELL NEW ZEALAND LIMITED (IN RECEIVERSHIP) v KENNEDY BAY MUSSEL COMPANY  (NZ) LIMITED [2015] NZSC 180   24 November 2015 (PDF 10 KB)

High Court decision — GREENSHELL NEW ZEALAND LIMITED (IN RECEIVERSHIP) v TIKAPA MOANA ENTERPRISES LIMITED [2014] NZHC 1474   27 June 2014

Additional Information

Judgment appealed from

GREENSHELL NEW ZEALAND LIMITED (IN RECEIVERSHIP) V KENNEDY BAY MUSSEL COMPANY (NZ) LIMITED [2015] NZCA 374    17 August 2015

Hearing

12 April 2016

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ