Soccer Nelson Inc v Soccer NZ Inc
| Soccer Nelson Inc v Soccer NZ Inc | |
|---|---|
 | |
| Court | High Court of New Zealand |
| Full case name | Soccer Nelson Incorporated v Soccer NZ Incorporated |
| Decided | 2 October 1997 |
| Court membership | |
| Judge sitting | Hammond J |
Soccer Nelson Inc v Soccer NZ Inc is a cited case in New Zealand regarding the requirement under section 7(4)(b) of the Contractual Remedies Act 1970 that a breach of a contract must be "substantial" for a contract to be cancelled.[1]
Background
[edit]Soccer Nelson were in arrears of its membership fees to Soccer NZ, and as a result Soccer NZ planned to exclude the Nelson branch from a national soccer tournament.
Soccer Nelson argued the arrears were not substantial and filed for an injunction for Soccer NZ to let them play in the tournament.
Held
[edit]The court ruled the arrears were substantial, entitling them to be excluded from the tournament. However, the court issued an interim injunction, requiring $30,000 to be paid within 7 days.
References
[edit]- ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. pp. 276–277, 283. ISBN 0-86472-555-8.