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]
| 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(s) sitting | Hammond J |
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.