New Zealand Case Law: Decisions & Judgments

Topic

Agreement formation

Legal area

Court

28 Aug 2015

WIRE BY DESIGN LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) & ORS v COMMERCIAL FACTORS LIMITED & ORS [2015] NZHC 2053

Citation

[2015] NZHC 2053
Court

High Court

Leave to appeal was declined because the matters raised did not engage significant public or private interest warranting a second appeal and WBD suffered no breach of natural justice as the issues (including transfer/novation, guarantees and fees) were raised and litigated below so no prejudice arose from the High Court's determinations.
2 Mar 2012

MASONRY DESIGN SOLUTIONS LIMITED V MURAKAMI AND Anor HC AK CIV-2011-404-5284

Citation

openlaw-5eead343_6d08_40e2_98ae_6f0d6cd14813.pdf
Court

High Court

Summary judgment was dismissed because there existed genuine and material disputes of fact and credibility about whether a 2% fee agreement was made and about the role and effect of the draft client services agreement; those disputes could not be resolved with sufficient confidence on a summary judgment application and therefore the matter must proceed to trial.
3 Feb 2010

SB NOMINEES LIMITED V MARTIN HC AK CIV 2009-404-7102

Citation

openlaw-e8597211_91ba_4aab_ba3f_c19de9f881db.pdf
Court

High Court

The application for a mandatory injunction was dismissed because there was no binding contract: essential terms and necessary timeframes were not agreed, the parties objectively intended a formal signed document before being bound (particularly given statutes requiring writing for dispositions of land), the defendant's solicitor lacked authority to bind her, and the plaintiff failed to show a serious question to be tried warranting mandatory interlocutory relief; the balance of convenience and overall justice favored the defendant.
29 Jun 2004

LIEBHERR EXPORT - AG And Anor V ELLISON TRADING LIMITED CA CA174/03

Citation

openlaw-52cf865f_95eb_453b_8fc0_5f79906ea8ce.pdf
Court

Court of Appeal

The Court upheld the trial judge's finding that a binding contract was formed at the 30 November 1993 meeting; the term as to price expressed as 'fair and reasonable' was sufficiently certain because a court can objectively assess and fix such a price; there was evidence Liebherr Export agreed to guarantee performance; appeal dismissed.

New Zealand Case Law

WIRE BY DESIGN LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) & ORS v COMMERCIAL FACTORS LIMITED & ORS [2015] NZHC 2053

MASONRY DESIGN SOLUTIONS LIMITED V MURAKAMI AND Anor HC AK CIV-2011-404-5284

SB NOMINEES LIMITED V MARTIN HC AK CIV 2009-404-7102

LIEBHERR EXPORT - AG And Anor V ELLISON TRADING LIMITED CA CA174/03