M HEWITT V WINDOW WORLD FRANCHISE LIMITED HC WHA CIV-2009-488-000488

M HEWITT V WINDOW WORLD FRANCHISE LIMITED HC WHA CIV-2009-488-000488

The High Court upheld the District Court: a contract was formed by acceptance of Window World's quotation; no actionable misrepresentation or Fair Trading Act breach was proved; the Consumer Guarantees Act applied and the goods were of acceptable quality in appearance and finish; Window World did not repudiate; damages properly calculated as contract price less variable costs saved ($112,221.84); and third party Brown owed no liability because he did not breach duties.

Citation
openlaw-dc4db91b_e21f_47c8_8a2a_b251a98de5fe.pdf
Parties
Appellant: M Hewitt; First Respondent: Window World Franchise Limited; Second Respondent/third Party: R Brown
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 March 2011
Procedural Posture
Appeal From District Court – Contract and Tort Dispute / High Court Appeal Judgment Delivered
Outcome
Appeal dismissed; judgment of District Court (Judge Cadenhead) upheld
Legal Topics
Formation of Contract, Misrepresentation, Repudiation, Sale of Goods Act 1908, Consumer Guarantees Act 1993, Fair Trading Act 1986, Damages, Fiduciary Duty, Negligence, Mitigation
Contract Law Tort Consumer Law Equity Commercial Law Formation of Contract Misrepresentation Repudiation +7 more

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Parties

M Hewitt

Appellant

Window World Franchise Limited

First Respondent

R Brown

Second Respondent/third Party

Procedural Posture

Appeal From District Court – Contract and Tort Dispute / High Court Appeal Judgment Delivered

Legal Issues

  1. 1 Whether a contract was concluded between parties
  2. 2 Whether representations induced acceptance (misrepresentation / Fair Trading Act)
  3. 3 Whether the Sale of Goods Act 1908 applied

Ratio Decidendi

The High Court upheld the District Court: a contract was formed by acceptance of Window World's quotation; no actionable misrepresentation or Fair Trading Act breach was proved; the Consumer Guarantees Act applied and the goods were of acceptable quality in appearance and finish; Window World did not repudiate; damages properly calculated as contract price less variable costs saved ($112,221.84); and third party Brown owed no liability because he did not breach duties.

Court Disposition

Appeal dismissed; judgment of District Court (Judge Cadenhead) upheld

Orders

  • Appeal dismissed and judgment of Judge Cadenhead upheld
  • Window World awarded damages of 112,221.84 NZD