Opinion
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12/7/2023
Reviewing contractual discretions: the New Zealand Court of Appeal considers the Braganza Test
In Woolley v Fonterra Co-op Group Ltd [2023] NZCA 266, the New Zealand Court of Appeal recently considered the approach to the review of contractual discretions adopted by the UK Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. In his opinion piece, Peter Watts KC examines the controversial nature of the Braganza test, and how the Court of Appeal’s decision was not surprising.
