15 Oct 2018
KOP-COAT NEW ZEALAND LTD v INCODO LTD [2018] NZCA 430
- Citation
- [2018] NZCA 430
- Court
- Court of Appeal
No binding contract was formed because the agreement, a complex commercial document expressly requiring execution by specified officers of all parties, was only executed by Incodo; Kop-Coat Inc did not sign and Kop-Coat NZ was not validly executed by two directors and the general manager lacked actual or sufficient holding-out authority; accordingly appeal allowed and High Court judgment set aside. The court also held that pricing errors were not necessarily fatal, Kop-Coat's later conduct repudiated the May agreement, Incodo was justified in refusing the replacement, and damages quantificati…