Todd Petroleum Mining Company Limited v Shell (Petroleum Mining) Company Limited CA155/05

Case

[2005] NZCA 373

23 September 2005


Details
AGLC Case Decision Date
Todd Petroleum Mining Company Limited v Shell (Petroleum Mining) Company Limited CA155/05 [2005] NZCA 373 [2005] NZCA 373 23 September 2005

CaseChat Overview and Summary

The appeal was brought by Todd Petroleum Mining Company Limited and Todd Pohokura Limited against Shell (Petroleum Mining) Company Limited and others. Todd sought an interim injunction to prevent Shell and OMV from voting to terminate the engagement of Shell Todd Oil Services Limited as the operator of the Pohokura oil field. The appeal was dismissed by the Court of Appeal of New Zealand. The Court found that Todd had not established a serious question to be tried, the appeal was moot, and the risk of infringement of Todd's rights was not strong enough to warrant injunctive relief. The Court held that the trial would proceed as if the application for an interim injunction and this appeal had not taken place. The appellants were ordered to pay costs to the respondents.
Details

Areas of Law

  • Commercial Law

  • Contract Law

Legal Concepts

  • Breach of Contract

  • Implied Terms

  • Rectification

  • Jurisdiction

  • Abuse of Process

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