Greenshell New Zealand Limited (In Receivership) v Kennedy Bay Mussel Company (NZ) Limited
[2015] NZSC 180
•24 November 2015
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 104/2015 [2015] NZSC 180 |
| BETWEEN | GREENSHELL NEW ZEALAND LIMITED (IN RECEIVERSHIP) |
| AND | KENNEDY BAY MUSSEL COMPANY (NZ) LIMITED |
| Court: | Elias CJ, William Young and O'Regan JJ |
Counsel: | D R Kalderimis and K E Yesberg for Applicant |
Judgment: | 24 November 2015 |
JUDGMENT OF THE COURT
ALeave to appeal is granted (Greenshell New Zealand Ltd (In Receivership) v Kennedy Bay Mussel Company (NZ) Ltd [2015] NZCA 374).
BLeave to cross-appeal is also granted.
CThe approved grounds are:
(i)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?
(ii)If so, did the Court of Appeal err in declining to grant such relief?
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Solicitors:
Chapman Tripp, Wellington for Applicant
Gascoigne Wicks, Blenheim for Respondent
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