Devonport Borough v Candy Filters (NZ) Limited - [1945] NZLR 403

Contract — Frustration — Implied Term — Borough supplying Water from Lake to Itself and other Boroughs — Contract for Construction of Additional Plant for Purification of Water from Lake at Borough's Pumping-station — Work commenced thereunder — Contract rendered Nugatory and Completion of Work valueless to Borough by Adoption of Scheme directed by Act of Parliament whereby Boroughs obtained their Water-supply from City Corporation and took over Certain Waterworks and Pumping-stations but not the said Additional Plant or the said Contract for its Construction — Repudiation of Contract by Borough — Obligations under Contract — Whether Contract frustrated by Impossibility of Performance — Whether implied Term that Contract should be at End — North Shore Boroughs (Auckland) Water-supply Act, 1941, ss 3 (1), 4.