New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Construction contracts act payment claim

Legal area

Court

29 Aug 2018

J.P.S ROOFING LTD v LANYON & LE COMPTE CONSTRUCTION LTD [2018] NZHC 2254

Citation

[2018] NZHC 2254
Court

High Court

The presumption in High Court Rules r 15.23 was not displaced: the defendant did not materially contribute to the plaintiff's decision to issue the statutory demand and commence liquidation proceedings, the plaintiff's error in issuing the statutory demand and litigating produced the costs, and therefore the plaintiff must pay the defendant's costs on a 2B scale fixed at $9,342.00.
3 Dec 2015

MANNING v TRIPLE STAR & EDGE CONSTRUCTION [2015] NZHC 3047

Citation

[2015] NZHC 3047
Court

High Court

The Court held MPL had pleaded sufficient factual basis, supported by available documents, to give a tenable claim that contractual rights in relation to the pool works vested in MPL (by novation, assignment, agency or estoppel), and therefore the contractual claim against Edge could not be summarily struck out and must proceed to trial.