CONTINENTAL HEAVY COMMERCIALS LTD AND ANOR V CORIN AND ANOR HC HAM CIV 2005-419-1296

CONTINENTAL HEAVY COMMERCIALS LTD AND ANOR V CORIN AND ANOR HC HAM CIV 2005-419-1296

The appeal court held that there was insufficient evidence that RXP intended to assign the contract to Peter Corin after the contract was made; because intention to assign at the critical time was not established, Peter lacked legal standing as assignee to sue under the Fair Trading Act and the District Court's compensation and related orders were set aside.

Citation
openlaw-0b30a450_e520_44e0_8977_3071697ae576.pdf
Parties
First Appellant: Continental Heavy Commercials Ltd; Second Appellant: Ashley Hall; First Respondent: Peter Ronald Corin; Second Respondent: Road-X-Press Trucking Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 November 2005
Procedural Posture
Civil Appeal From District Court / Judgment on Appeal (hearing 16 Nov 2005; Judgment 18 Nov 2005)
Outcome
Appeal allowed; District Court judgment of 26 August 2005 set aside; judgment entered for Continental Heavy Commercials Ltd and Ashley Hall with no orders as to costs in the District Court; no order as to costs in the present appeal.
Legal Topics
Assignment, Novation, Misrepresentation, Fair Trading Act S9 Liability, Standing to Sue, Costs
Contract Equity Consumer Protection Tort Civil Procedure Assignment Novation Misrepresentation +3 more

Case Brief

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Parties

Continental Heavy Commercials Ltd

First Appellant

Ashley Hall

Second Appellant

Peter Ronald Corin

First Respondent

Road-X-Press Trucking Limited

Second Respondent

Procedural Posture

Civil Appeal From District Court / Judgment on Appeal (hearing 16 Nov 2005; Judgment 18 Nov 2005)

Legal Issues

  1. 1 Whether RXP assigned the contract to purchase the truck to Peter Corin
  2. 2 Whether there was a novation substituting Peter Corin as principal debtor
  3. 3 Whether an assignee (if any) had standing to sue under s9 Fair Trading Act

Ratio Decidendi

The appeal court held that there was insufficient evidence that RXP intended to assign the contract to Peter Corin after the contract was made; because intention to assign at the critical time was not established, Peter lacked legal standing as assignee to sue under the Fair Trading Act and the District Court's compensation and related orders were set aside.

Court Disposition

Appeal allowed; District Court judgment of 26 August 2005 set aside; judgment entered for Continental Heavy Commercials Ltd and Ashley Hall with no orders as to costs in the District Court; no order as to costs in the present appeal.

Orders

  • District Court orders dated 26 August 2005 set aside.
  • Judgment entered in favour of Continental Heavy Commercials Ltd and Ashley Hall in the District Court with no orders as to costs.