Woolley v Fonterra Co-Operative Group Limited - [2021] NZHC 2690

Date of Judgment

08 October 2021

Decision

Woolley v Fonterra Co-Operative Group Limited (PDF 1.2 MB)

Summary

Mr Woolley alleged Fonterra was in breach of the supply contract by not collecting milk from his farm in the 2014/5 season.  His principal point was that once he had complied with the terms of an enforcement order, Fonterra was not entitled to maintain its suspension on milk collection and that it exercised its discretion to do so unreasonably.

HC held: Mr Woolley's claim fails for four reasons: Mr Woolley remained in breach of the enforcement order, Fonterra did not exercise its discretion unreasonably, its notice of suspension was properly issued and effective, and Mr Woolley's own conduct is a necessary pre­ condition of his claimed loss.