DARRELL MCGREGOR (CONTRACTOR) LIMITED V MOUNTAIN LAKE HOLDINGS LIMITED AND ANOR HC INV CIV 2006-425-000164

DARRELL MCGREGOR (CONTRACTOR) LIMITED V MOUNTAIN LAKE HOLDINGS LIMITED AND ANOR HC INV CIV 2006-425-000164

The appeal court concluded the District Court judge failed to make necessary specific findings on ostensible authority and on causation under the Fair Trading Act and therefore could not resolve the trespass, Fair Trading Act and indemnity issues; the matters are remitted to the District Court for determination of...

Source-derived case information.

Citation
openlaw-59c420d7_e946_4b2c_8058_92b47238ff96.pdf
Parties
Appellant: Darrell McGregor (Contractor) Limited; First Respondent: Mountain Lake Holdings Limited; Second Respondent: P J L Lewis
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 May 2006
Procedural Posture
Appeal Under Section 72 of the District Courts Act 1947 / Judgment on Appeal Remitting Issues to District Court for Further Determination
Outcome
Appeal and cross-appeals allowed in part; matter remitted to District Court for further determination of ostensible authority, Fair Trading Act claim and indemnity issues; no order for costs
Legal Topics
Ostensible/apparent Authority, Trespass, Misleading or Deceptive Conduct (fair Trading Act Ss 9, 43), Indemnity for Acts Done at Request, Causation, Resource Consent / Compliance
Agency Tort Consumer Protection / Fair Trading Contract / Indemnity Property Law Ostensible/apparent Authority Trespass Misleading or Deceptive Conduct (fair Trading Act Ss 9,43) +3 more

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Parties

Darrell McGregor (Contractor) Limited

Appellant

Mountain Lake Holdings Limited

First Respondent

P J L Lewis

Second Respondent

Procedural Posture

Appeal Under Section 72 of the District Courts Act 1947 / Judgment on Appeal Remitting Issues to District Court for Further Determination

Legal Issues

  1. 1 Whether Mr Lewis had ostensible or apparent authority to request/place fill
  2. 2 Whether Mountain Lake has a cause of action against Mr Lewis under the Fair Trading Act 1986 (ss 9 and 43)
  3. 3 Whether Mountain Lake's claim for breach of scope of authority against Mr Lewis succeeds

Ratio Decidendi

The appeal court concluded the District Court judge failed to make necessary specific findings on ostensible authority and on causation under the Fair Trading Act and therefore could not resolve the trespass, Fair Trading Act and indemnity issues; the matters are remitted to the District Court for determination of whether Mr Lewis had ostensible authority, whether Mountain Lake has a Fair Trading Act claim, and whether McGregor Contractors is entitled to indemnity from Mr Lewis.

Court Disposition

Appeal and cross-appeals allowed in part; matter remitted to District Court for further determination of ostensible authority, Fair Trading Act claim and indemnity issues; no order for costs

Orders

  • Remit the matter to the District Court for determination of whether Mr Lewis acted with ostensible/apparent authority to request/place fill
  • Remit the matter to the District Court to determine whether Mountain Lake has a claim under the Fair Trading Act and, if so, causation and relief