Glanz v JL Management Ltd [2020] NZHC 342

Glanz v JL Management Ltd [2020] NZHC 342

Court held plaintiffs entitled to summary judgment in part: JLM must refund the net contract overpayment after allowed adjustments ($214,657.78) and must repay $20,000 mistakenly paid after cancellation; JLM's counterclaims (variations/quantum meruit) are unarguable and dismissed; JLM and Mr Lloyd are liable for misleading or deceptive conduct under FTA for progress claims from claim 11 onward (liability established, quantum to be assessed at trial); many factual/quantum issues remain for trial.

Citation
[2020] NZHC 342
Parties
Plaintiffs: Russell and Robynne Glanz; First Defendant: JL Management Limited; Second Defendant: John Richard Lloyd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 March 2020
Procedural Posture
Building Dispute Contract and Fair Trading Act (summary Judgment) / Summary Judgment Hearing and Judgment
Outcome
Partial summary judgment for plaintiffs: monetary judgment against JLM in part and liability under FTA against JLM and Mr Lloyd; remaining issues (FTA quantum and other quantification issues) to trial
Legal Topics
Summary Judgment, Cancellation and Repudiation, Misleading or Deceptive Conduct (fta S9), Payments Made by Mistake (pla S74 A), Contract Interpretation (nzs 3902:2004), Quantum/ Set Off, Counterclaims and Quantum Meruit
Contract Law Construction Law Property Law Consumer Protection Civil Procedure Equity Summary Judgment Cancellation and Repudiation +5 more

Case Brief

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Parties

Russell and Robynne Glanz

Plaintiffs

JL Management Limited

First Defendant

John Richard Lloyd

Second Defendant

Procedural Posture

Building Dispute Contract and Fair Trading Act (summary Judgment) / Summary Judgment Hearing and Judgment

Legal Issues

  1. 1 Did the full NZS 3902:2004 form part of the contract?
  2. 2 Was the plaintiffs' cancellation valid?
  3. 3 Whether JLM has any real defence to contract refund claim

Ratio Decidendi

Court held plaintiffs entitled to summary judgment in part: JLM must refund the net contract overpayment after allowed adjustments ($214,657.78) and must repay $20,000 mistakenly paid after cancellation; JLM's counterclaims (variations/quantum meruit) are unarguable and dismissed; JLM and Mr Lloyd are liable for misleading or deceptive conduct under FTA for progress claims from claim 11 onward (liability established, quantum to be assessed at trial); many factual/quantum issues remain for trial.

Court Disposition

Partial summary judgment for plaintiffs: monetary judgment against JLM in part and liability under FTA against JLM and Mr Lloyd; remaining issues (FTA quantum and other quantification issues) to trial

Orders

  • Summary judgment for the plaintiffs against JL Management Limited in the sum of NZD 214,657.78
  • Summary judgment for the plaintiffs against JL Management Limited in the sum of NZD 20,000.00 (mistaken payment)