New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Allocation of contractual risk

Legal area

Court

17 Dec 2013

PLANET KIDS LIMITED v AUCKLAND COUNCIL [2013] NZSC 147

Citation

[2013] NZSC 147
Court

Supreme Court

The settlement agreement was not frustrated by the fire and consequent lease termination because the core/common purpose — settlement of the Public Works Act dispute and the resulting certainty as to acquisition timing and compensation — had been achieved on entry into the agreement and the impossibility affected only peripheral/technical obligations (chattels and a formal surrender) which did not render performance radically different; foreseeability of lease termination on severe fire and the substantial hardship to Planet Kids also weigh against frustration, so the contract subsists and ma…
29 Nov 2013

KORIA and LAVA v HARDY [2013] NZHC 3178

Citation

[2013] NZHC 3178
Court

High Court

The Court upheld the Tribunal's factual findings that Hardy's role was limited to scheduling and coordination, that he lacked authority, experience and time to monitor specialist subcontractors, and that he did not owe a proximate duty of care to subsequent purchasers; alternatively, even if a duty existed its scope did not extend to monitoring specialist subcontractors and any breach did not cause the appellants' losses, so the appeal was dismissed.