LMCHB Ltd (formerly L&M Coal Holdings Ltd) v Buller Coal Ltd - [2023] 2 NZLR 680

Contract — Interpretation — Deed of guarantee with sale and purchase agreement — Declaration — Whether entitled to performance payment in agreement through guarantee — Amendment to agreement allowing performance payment to be postponed — Effect of amendment on deed of guarantee — Nature of liability of guarantor — Whether liability under guarantee crystalised and performance payment due under guarantee — Whether Contract and Commercial Law Act allowing guarantor to rely on suspensory benefit in deed of amendment — Implied term — Abuse of process — Henderson v Henderson — Whether claim under guarantee should have been brought at same time as claim under agreement — Declaratory Judgments Act 1908.