New Zealand Case Law: Decisions & Judgments

Topic

Construction contracts act

Legal area

Court

5 Sept 2022

69 GREENLANE EAST LIMITED v ORIENT CONSTRUCTION LIMITED [2022] NZHC 2246

Citation

[2022] NZHC 2246
Court

High Court

The payment claim dated 6 December 2021 was contractually impermissible because the parties had agreed the fixed management fee would be payable only on agreed milestone dates, no milestone dates had been agreed or reached, therefore the payment claim was a nullity and there exists a substantial dispute under Companies Act s290(4)(a) warranting setting aside the statutory demand.
20 Nov 2020

CUBO PROJECTS LIMITED v S & S IMPORT SOLUTIONS LIMITED [2020] NZHC 3078

Citation

[2020] NZHC 3078
Court

High Court

The proceedings were disposed of by consent: the parties agreed the defendant would pay the outstanding sum of $9,412.71 by a specified date, the plaintiff would accept that payment in full and final satisfaction and discontinue the proceedings, and costs would be reserved to be determined on the papers.
7 Mar 2017

AUCKLAND ELECTRICAL SOLUTIONS LIMITED v THE WARRINGTON GROUP LIMITED [2017] NZHC 366

Citation

[2017] NZHC 366
Court

High Court

The applicant's alleged set-off arises from proceedings that were remitted to and finally decided by the Disputes Tribunal; the fresh District Court proceeding is bound to fail as res judicata and an abuse of process, therefore it cannot constitute a genuine set-off under s290(4)(b); the applicant provided insufficient evidence of solvency and there are no 'other grounds' under s290(4)(c) to justify setting aside the demand; accordingly the statutory demand is upheld and the applicant must pay the demanded sum by the date fixed or face liquidation proceedings.
5 Apr 2016

STEAD CONSTRUCTION LIMITED v CHILLEX MID ISLAND LIMITED [2016] NZHC 594

Citation

[2016] NZHC 594
Court

High Court

Stead did not demonstrate a reasonably arguable case that payment claims 4,5 and 6 were invalid; the claims adequately identified the work under s 20(2)(c) and alleged over-claim/measurement issues were contestable rather than fatal to validity; because Stead failed to provide timely payment schedules the unpaid amounts are due and payable and the statutory demand for $223,207.63 is upheld with an order to pay by 19 April 2016.
19 Dec 2013

BLAIN & ORS v EVAN JONES CONSTRUCTION LTD CA272/2013 [2013] NZCA 680

Citation

[2013] NZCA 680
Court

Court of Appeal

The review court held the Associate Judge erred in striking out the third party notices: it is at least arguable that a contractor may owe a concurrent tortious duty of care in the facts alleged, the contract did not clearly preclude such a duty (the contractual 'tradesman-like' obligation can be co-extensive with tort), and the Construction Contracts Act is not determinative; accordingly the third party claims are not so clearly untenable and must proceed to trial.
7 Nov 2008

HEB CONTRACTORS LIMITED V REDHILL DEVELOPMENT(NZ) LIMITED HC AK CIV 2008-404-004398

Citation

openlaw-9528a2d4_9bd2_4e1b_92d9_d9c85df7c2ee.pdf
Court

High Court

Under High Court Rules r 476C the plaintiff who discontinues the proceedings must pay costs; the court declined to assess the merits of the untried dispute and applied that default rule, holding HEB must pay costs on a 2B basis in both sets of proceedings and disbursements as fixed by the Registrar.
24 Oct 2008

AKV2 LIMITED V AUCKLAND CONCRETE HOMES LIMITED HC AK CIV 2008-404-005972

Citation

openlaw-c731a463_77c2_4ea1_8e86_aafe9ae662fc.pdf
Court

High Court

The caveat was removed because the respondent's interest was pecuniary only and was adequately protected by the applicant's undertaking to hold the disputed sum of $28,085 in trust; the court refused the respondent's late application for adjournment/extension to file opposition and reserved costs pending arbitration into the substantive payment dispute.

New Zealand Case Law

69 GREENLANE EAST LIMITED v ORIENT CONSTRUCTION LIMITED [2022] NZHC 2246

CUBO PROJECTS LIMITED v S & S IMPORT SOLUTIONS LIMITED [2020] NZHC 3078

AUCKLAND ELECTRICAL SOLUTIONS LIMITED v THE WARRINGTON GROUP LIMITED [2017] NZHC 366

STEAD CONSTRUCTION LIMITED v CHILLEX MID ISLAND LIMITED [2016] NZHC 594

BLAIN & ORS v EVAN JONES CONSTRUCTION LTD CA272/2013 [2013] NZCA 680

HEB CONTRACTORS LIMITED V REDHILL DEVELOPMENT(NZ) LIMITED HC AK CIV 2008-404-004398

AKV2 LIMITED V AUCKLAND CONCRETE HOMES LIMITED HC AK CIV 2008-404-005972