New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contractual mistake relief

Legal area

Court

1 Apr 2022

BISCUIT CREEK FOREST LIMITED v SIMON FREDERICK VALLANCE AND ROSA VALLANCE [2022] NZSC 36

Citation

[2022] NZSC 36
Court

Supreme Court

Leave to appeal was refused because the issues sought to be appealed were fact specific and raised no point of general or public importance; the Court of Appeal's application of s 28 to cancel the contract based on a common mistake causing a substantially unequal exchange was a concurrent factual and legal conclusion that did not warrant this Court's intervention and there was no real risk of miscarriage of justice.
27 Aug 2015

ROOSE v DUTHIE [2015] NZHC 2035

Citation

[2015] NZHC 2035
Court

High Court

The court held that the alleged contractual breach (negligent advice) occurred when the advice was given or, at the latest, upon execution of the sale agreement (14 April 2008), and the tortious loss also accrued on 14 April 2008 when binding obligations arose; accordingly contract and tort claims based on the pre-14 April 2008 advice are statute-barred. Section 28 did not delay accrual of those causes of action. Relief under the Contractual Mistakes Act against a non-party adviser was not available on the pleaded facts. Leave was granted to amend to plead an equitable fiduciary claim limited…