New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contributory negligence and mitigation

Legal area

Court

4 Nov 2020

MILES AND MILES v GADD [2020] NZHC 2898

Citation

[2020] NZHC 2898
Court

High Court

The Court admitted the substance of Mr Gray's expert evidence as necessary to explain the nature, scope and remedial need for the admitted defects but directed that paragraphs [58]–[102] and the last sentence of paragraph [107] not be read or be excised for breaching the rule against recital of documents; Mr Hanlon's brief was not excluded as irrelevant at this stage and its relevance is to be determined at trial in context.
2 Apr 2019

CLARK v RURAL LIVESTOCK LTD [2019] NZHC 671

Citation

[2019] NZHC 671
Court

High Court

The defendant is liable because its agent, John Williams, had apparent authority to arrange purchases and related leasing/recording services and the defendant, through its systems and by holding out agents, is responsible for failures to identify, deliver or account for stock; the exclusion clause could not exclude liability for total non‑performance or the misleading conduct found; plaintiffs proved contractual breach and FTA misleading conduct causing quantifiable loss, subject to mitigation which reduced some remedies to reliance measures.