18 Aug 2015
KELLY & ORS v LASQUE CONSTRUCTION LIMITED formerly trading as SIGNATURE HOMES & ORS [2015] NZHC 1957
- Citation
- [2015] NZHC 1957
- Court
- High Court
The purported assurances did not create a new, enforceable contract because the terms and parties were uncertain, there was no proved consideration (no proven forbearance not to sue), and Mr Wilson lacked authority to bind SRL or SHL (SRL did not exist or he was not director at the material time; he was not a de facto director of SHL nor held out by SHL as able to bind it). Consequently the contractual claim fails and the Fair Trading Act claim fails because there was no misleading or deceptive conduct established beyond the same unproven factual basis.