New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contract formation by conduct

Legal area

Court

22 May 2019

WEST VILLAGE CAPITAL PARTNERS LTD v ACROW LTD [2019] NZHC 1035

Citation

[2019] NZHC 1035
Court

High Court

West Village established an arguable, genuine and substantial dispute that it did not issue the requirement necessary to trigger the continuity guarantee and that no binding contract to pay for ongoing scaffolding arose by conduct; accordingly the statutory demand must be set aside under s 290(4)(a) and the dispute resolved outside the Companies Act summary jurisdiction.
24 Oct 2012

CEREBOS GREGG'S LIMITED V PAULMAC LIMITED HC PMN CIV-2012-454-000545

Citation

openlaw-6f0edd14_4f20_42ca_8c84_2198b5da6e32.pdf
Court

High Court

There was a serious issue to be tried, narrowly established, that a two year restraint clause applied and ran until 5 May 2013 (either by rollover of the 2005 contract or by formation of a 2010 contract), but on balance of convenience the defendants would suffer disproportionate hardship if restrained now and therefore the interim injunction was refused.