New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contractual limitation clause

Legal area

Court

6 Apr 2016

SONSRAM TRUSTEE LIMITED v HARRISON FRIERSON CONSULTANTS LIMITED [2016] NZHC 581

Citation

[2016] NZHC 581
Court

High Court

All causes of action accrued no later than early July 2008 when the defendant's consultancy services were completed (final progress schedule/practical completion and council certification); reasonable discoverability did not defer accrual; the alleged signature defect did not prevent the practical completion certificate operating in the engineer's name; the claims were therefore statute-barred when proceedings were issued and summary judgment was appropriate for the defendant.
11 Dec 2015

ARRANMORE DEVELOPMENTS LIMITED v Q ZHANG [2015] NZHC 3106

Citation

[2015] NZHC 3106
Court

High Court

The court held that clause 7.4.3 did not operate to limit the vendor's recovery of bona fide resale losses and that the plaintiff did not fail to mitigate by pursuing specific performance; accordingly penalty interest at 15% is recoverable from the original settlement dates until the resale settlement dates and judgment for the claimed sum is appropriate.