7 Dec 2017
Although part performance (deposit and conduct) could have rendered the oral agreement enforceable, the plaintiff's subsequent conduct in accepting refund cheques and failing to object amounted to an unequivocal acceptance of the defendant's repudiation/offer to cancel; therefore specific performance was not available and the defendant was entitled to summary judgment.
16 Nov 2010
There is a fairly arguable basis that the applicant is not liable for the claimed debt because there is genuine and substantial dispute as to which entity contracted for the services (uncertainty whether JTL, Kaimai Trust Ltd or the Tyes accepted the retainer); accordingly the statutory demand is set aside and the dispute must be resolved by ordinary court proceedings.
9 Mar 2010
The trial Judge erred by inferring acceptance from notions of commercial practice and common sense where the evidential record was silent; because Dennis Construction failed to prove an unqualified acceptance of the 15 December 2006 quotation on the balance of probabilities, there was no concluded contract and the appeal is allowed.
13 Jul 2007
The Court held that only some of the disputed issues raised arguable questions of law capable of substantially affecting rights; balancing relevance, delay, finality clauses and monetary significance, leave to appeal was granted in part — specifically on goodwill timing (question 1), goodwill refund (question 3), acceptance by conduct in respect of the consultancy (question 5) and estoppel/ratification (question 7) — while the remainder were treated as factual or mixed questions not warranting leave.