New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contractual variation

Legal area

Court

19 Jun 2023

CENTRO PILGRIM LTD v MATHEW BARR MOTOR GROUP LTD [2023] NZHC 1522

Citation

[2023] NZHC 1522
Court

High Court

The Court found on the evidence (including contemporaneous email minutes and consistent conduct between March 2020 and July 2022) that the side agreement was varied as Barr asserted; Centro failed to establish an arguable defence of contractual mistake or any other ground to set aside Barr's statutory demand; accordingly Centro's application was dismissed and Barr's cross-application to set aside Centro's statutory demand was granted because Centro's claim was not due and owing. Centro was ordered to pay $56,059.77 within five working days, failing which Barr may apply to liquidate Centro; co…
29 Apr 2008

NICHOLSON V MORNING STAR (ST LUKES GARDEN APARTMENTS) LIMITED HC CIV 2008-404-824

Citation

openlaw-6bc92aec_4249_486b_a8fd_d7cf5451bd18.pdf
Court

High Court

The vendor's contractual right to vary the development under clause 5.6 is limited by an objective 'reasonable opinion' test and by a prohibition on materially diminishing the value or use of the purchaser's property; on the evidence it was reasonably arguable the alterations would materially diminish the applicant's rights and therefore the applicant possessed an arguable equitable interest in FDUs' common property entitling him to caveat and the caveat should not lapse because the power of attorney could be restrained from being used to defeat those arguable rights.