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CISG CASE PRESENTATION

New Zealand 2 December 1997 Court of Appeal (BP Oil NZ Limited v. Rhumvale Resources Limited) (Prize machines case)
[Cite as: http://cisgw3.law.pace.edu/cases/971202n6.html]

Primary source(s) of information for case presentation: Henning Lutz

Case Table of Contents


Case identification

DATE OF DECISION: 19971202 (2 December 1997)

JURISDICTION: New Zealand

TRIBUNAL: Court of Appeal

JUDGE(S): Keith; Gallen; Doogue

CASE NUMBER/DOCKET NUMBER: CA 181/96

CASE NAME: BP Oil NZ Limited v. Rhumvale Resources Limited

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Switzerland (plaintiff)

BUYER'S COUNTRY: New Zealand (defendant)

GOODS INVOLVED: Poker-like prize machines


Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 100(2)

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

The sole reference to the CISG is:

     "The [1990] Egapro [licensing and distributorship] agreement provided that it was governed by Swiss law (cl 8). Switzerland did not become party to the United Nations Convention on Contracts for the International Sale of Goods until 1 April 1991, after the concluding of the Egapro agreement, and accordingly the rules in that Convention are not relevant, article 100(2). (New Zealand became party on 1 October 1995.) Since no evidence has been led on this matter, we must assume that the Egapro agreement is to be interpreted in accordance with New Zealand law ..."

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (English): [1997] 8 Trade and Competition Law Reports (TCLR) 116-130 (Court of Appeal CA)

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated October 16, 2003
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