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

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

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

1. 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.