New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Contractual remedies act 1979 s 9

  • 17 Jun 2016

    DORN INVESTMENTS LTD v HOOVER [2016] NZHC 1325

    Citation
    [2016] NZHC 1325
    Court
    High Court

    Although there was a serious question to be tried that the defendant breached the restraint of trade, the defendant raised an arguable defence that Dorn Investments repudiated or significantly breached the sub-franchise by removing the material Spotless work without giving an opportunity to remedy; that defence tipped the balance of convenience and overall justice against granting an interim injunction, so the interim injunction was refused and the plaintiff ordered to pay defendant's costs.

    • Restraint of trade
    • Franchise agreements
    • Balance of convenience
    • Serious question to be tried
    • Repudiation
    • Implied terms

  • 14 Jun 2016

    HULBERT DEVELOPMENTS LIMITED v TAIRUA MARINE LIMITED [2016] NZHC 1270

    Citation
    [2016] NZHC 1270
    Court
    High Court

    The court held that the phrase "the marina facility pursuant to the New Marina JVA" in clause 2 of the Exit Agreement referred to the marina contemplated in the pre-contractual background and the New Marina JVA (a circa 200+ berth facility). Because the constructed marina was materially smaller (95 berths) and not the marina so contemplated, TML was not liable to pay $250,000 under clause 2. The court also implied a best endeavours obligation on TML to pursue the New Marina JVA but found TML had not breached that implied term given the extensive consenting and development steps it undertook.…

    • Contractual interpretation
    • Implied terms
    • Practical completion
    • Termination of joint venture
    • Contractual remedies act 1979 s 9
    • Parol evidence and background matrix