DSL Logistics Limited v New Zealand Sports Merchandising Limited - SC 6/2010

Summary

Civil – Contract – Law of entire obligations – Termination of contract for the storage and dispatch of merchandise – whether the Court of Appeal erred in applying the law of entire obligations to the contract – whether the Court of Appeal erred in its construction of Appendix B work as an entire obligation – whether the Court of Appeal erred in failing to take into consideration the substantial performance of the contract by the applicants – whether the Court of Appeal erred in its interpretation of clause 7.5 of the standard form agreement[2009] NZCA 566  CA 691/2009    1 December 2009

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Additional Information

Application for leave to appeal dismissed. Costs $2,500 to the respondent.                                

30 March 2010.