New Zealand Case Law: Decisions & Judgments

Topic

Contractual remedies act s7

Legal area

Court

1 Jun 2012

FOWLER DEVELOPMENTS LIMITED V ROBERTSON HC CHCH CIV-2009-409-000454

Citation

openlaw-6458466e_9235_4b21_8b5e_852db1b33d99.pdf
Court

High Court

The vendor's statements and promotional material contained an implicit, incorrect representation of present fact that the developer had legal authority/regulatory consents to construct the adjacent salt marsh amenity; defendants relied on that representation and, objectively, the existence of regulatory consents was essential to their decision to contract; accordingly cancellation under s 7(4)(a) of the Contractual Remedies Act was valid and the plaintiff's claim for specific performance and enforcement of the bond fails.
21 Feb 2012

ATRIUM MANAGEMENT LIMITED V QUAYSIDE TRUSTEE LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) COA CA316/2011

Citation

COA CA316/2011
Court

Court of Appeal

Clause 3 of the October agreement, obliging Quayside to deliver an executed management agreement containing the exclusive holiday letting rights, was objectively essential to Atrium; Quayside admitted it could not perform that essential obligation because parts of the draft management agreement were ultra vires; therefore Atrium was entitled to cancel for anticipatory breach and summary judgment was appropriate for repayment of deposits. Frustration did not apply because Russell was an interpretation of existing law, and severance could not preserve the core exclusivity right without changing…
7 Dec 2010

DU V GU HC AK CIV-2009-404-5577

Citation

openlaw-12b95b50_00df_4dd2_8d25_858ff5b057bb.pdf
Court

High Court

On the balance of probabilities the Court found the plaintiff had, by words and conduct, effectively renounced the listing/agency prior to entering the joint venture so ss63-64 did not render the JV voidable; the alleged valuation representation was not shown to be false, unreasonable or made in bad faith on the balance of probabilities and therefore did not entitle the defendant to cancel under the Contractual Remedies Act; the defendant breached the JV by refusing transfer but specific performance was declined as inappropriate; liability for breach is established and damages/quantification…
10 Jun 2009

COURTNEY PARK LIMITED V HOOKER HC TAU CIV-2009-470-213

Citation

openlaw-5817a416_9b83_41e5_a359_1d2e35e98f09.pdf
Court

High Court

The plaintiff was entitled to cancel the agreement due to the purchaser's breaches and accordingly was entitled to recover possession of the property; an explicit court order declaring cancellation under s 7 was unnecessary where the Court grants relief demonstrating cancellation; insufficient material was before the Court to award damages for the defendant's continued occupation.
29 Mar 2006

ELITE TRAVEL GOODS LTD V ELITE LUGGAGE LTD AND ORS HC AK CIV-2005-404-2025

Citation

openlaw-78474508_1dfe_443d_bd04_5e2b550273d3.pdf
Court

High Court

Leave to file the proposed amended statement of claim was granted because the amendments fell within a narrow factual compass, were unlikely to cause material prejudice and would not require substantial re-litigation of issues; particular discovery orders were unnecessary because parties had agreed terms but leave to apply was reserved; the adjournment was refused because the alleged unavailability of a witness (Mr Gallop) lacked demonstrated materiality and the defendant failed to show prejudice sufficient to justify delay.

New Zealand Case Law

FOWLER DEVELOPMENTS LIMITED V ROBERTSON HC CHCH CIV-2009-409-000454

ATRIUM MANAGEMENT LIMITED V QUAYSIDE TRUSTEE LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) COA CA316/2011

DU V GU HC AK CIV-2009-404-5577

COURTNEY PARK LIMITED V HOOKER HC TAU CIV-2009-470-213

ELITE TRAVEL GOODS LTD V ELITE LUGGAGE LTD AND ORS HC AK CIV-2005-404-2025