19 Oct 2021
GITTOS v THE TOY SHOP (AUCKLAND) LIMITED [2021] NZHC 2790
- Citation
- [2021] NZHC 2790
- Court
- High Court
On an objective view the parties concluded a binding contract by text message to sell the shell for NZ$125,000 to Toy Shop; the agency defence failed because contemporaneous texts showed the buyer would get the GST back (indicating a sale to Toy Shop), the emailed form was a confirmation/record not a condition precedent, electronic transactions statutory requirements did not apply, and summary judgment was appropriate because there was no real defence.
- Summary judgment
- Contract formation by electronic communications (text messages)
- Undisclosed principal
- Contract and commercial law act 2017 electronic requirements
- Motor vehicle sales act 2003 compliance