New Zealand Case Law: Decisions & Judgments

Topic

Construction contracts act 2002

Legal area

Court

28 Sept 2023

NORTHLAKE INVESTMENTS LTD v CIVIL CONSTRUCTION LTD [2023] NZHC 2715

Citation

[2023] NZHC 2715
Court

High Court

The adjudicator's determination was binding and enforceable under the Construction Contracts Act 2002; Civil was entitled to refer the Covid Claim and the Stage 12 Claim to adjudication (progress payment disputes are recoverable under the Act) and Northlake cannot recover payments made to satisfy a binding adjudicator determination as money had and received in the absence of a subsequent final determination disposing of the adjudicator's interim award; the specific contractual interpretation issue in cl 13.1.1 could not be finally determined on the summary application but the court was inclin…
13 Sept 2023

BIRCHLER v HOMEBUILD HOMES LIMITED [2023] NZHC 2547

Citation

[2023] NZHC 2547
Court

High Court

The payment claim complied with the Act and the appellants did not provide a payment schedule within the statutory period that stated a scheduled amount and reasons as required by s21; therefore the claimed amount became a due debt and summary judgment enforcing recovery (with interest, late fee and costs) was correctly entered; leave to appeal out of time was granted but the appeal was dismissed on the merits.
23 Aug 2023

SUPER POWER EARTHMOVING LIMITED v DREAMHOME CONSTRUCTION GROUP LIMITED [2023] NZHC 2265

Citation

[2023] NZHC 2265
Court

High Court

Leave was granted because Dreamhome demonstrated a substantial and arguable dispute about the underlying debts and payment claims, provided a reasonable explanation for the delay (background dispute and holiday service), solvency was neutral (core debt paid into solicitor's trust) and the balance of prejudice and overall justice favoured allowing the defence to be filed out of time.
30 Jun 2023

STREET AND COOK CONSTRUCTION COMPANY LTD v CAMBRIDGE TERRACES LTD [2023] NZHC 1673

Citation

[2023] NZHC 1673
Court

High Court

The Kearneys fund was held in CTL's name under an undertaking that expressly referenced payment pursuant to a court order; s 79 of the Construction Contracts Act 2002 prevents CTL asserting a set-off against SCC's adjudication judgment in these recovery proceedings; SCC had given valid notice of arbitration so the engineer's formal decisions were not final and binding; the High Court may use its inherent jurisdiction to direct payment from the trust fund. Accordingly the interim charging order was made final and payment from the Kearneys fund to SCC was ordered; CTL's application for summary…
17 May 2023

SENIO HOLDINGS LTD v EVERGREEN HOMES & CONSTRUCTION LTD [2023] NZHC 1191

Citation

[2023] NZHC 1191
Court

High Court

The building contract, read as a whole and in context, required the builder to issue payment claims compliant with the Construction Contracts Act; progress claim 11A was not a valid payment claim and was not verified as required by the contract, so there was a substantial dispute as to whether the amount was owing or due; accordingly the statutory demand was set aside under s 290(4)(a) of the Companies Act 1993.
1 May 2023

G K SHAW LTD v GREEN & ANOR [2023] NZHC 1009

Citation

[2023] NZHC 1009
Court

High Court

Costs awarded to CentrePort on a 2B scale of $26,170.50 plus disbursements of $110; uplift refused because although the applicant's challenge was ultimately dismissed and involved a collateral challenge, the applicant acted reasonably in advancing a novel, arguable point and the threshold for increased costs was not met; certain claimed items for a second case management conference under item 10 were disallowed.
24 Apr 2023

69 GREENLANE EAST LIMITED v ORIENT CONSTRUCTION LIMITED [2023] NZHC 911

Citation

[2023] NZHC 911
Court

High Court

The recall application was dismissed because the validity of the payment claim was central and had been the subject of submissions and judicial consideration, there was no procedural unfairness nor new authoritative matter to justify recall under r 11.9, and the earlier judgment setting aside Orient's statutory demand therefore stands.
20 Mar 2023

SRG GLOBAL REMEDIATION SERVICES (NZ) LIMITED v BODY CORPORATE 197281 [2023] NZSC 22

Citation

[2023] NZSC 22
Court

Supreme Court

Leave was refused because the proposed appeals raised no question of general or public importance, turned on findings of fact and the Court of Appeal correctly applied s 79 of the Construction Contracts Act and the Arbitration Act framework (including effect of non‑compliance with NZS 3910:2013 cl 13), such that there was no appearance of miscarriage of justice and no sufficient prospect of success to justify leave.
16 Sept 2022

STREET & COOK CONSTRUCTION CO LTD v CAMBRIDGE TERRACES LTD [2022] NZHC 2385

Citation

[2022] NZHC 2385
Court

High Court

A variation of the freezing order was appropriate because holding the sale proceeds of the apartments ($500,000) in a solicitor's trust account on an appropriate undertaking preserved the protective purpose of the freezing order against dissipation while permitting the sale to proceed; the applicant's contention that the freezing order should be used to compel immediate payment under the Construction Contracts Act 2002 was rejected in this context.
15 Aug 2022

STEELCRAFT STRUCTURAL LTD v A 2 Z NZ POWERCOM LTD [2022] NZHC 2017

Citation

[2022] NZHC 2017
Court

High Court

Powercom failed to serve a payment schedule to the s20 payment claim and did not comply with the s289 statutory demand, creating the statutory presumption of insolvency which it did not rebut because its financial statements were outdated; cross-claims and alleged defects could not defeat recovery under the CCA without a payment schedule, therefore the court adjourned to allow payment but will order liquidation if the debt is not paid by the stated date.