14 Nov 2011
CHEN V ZHONG & ANOR HC AK CIV 2010-404-001995
- Citation
- openlaw-c562a3d2_25d6_410c_9542_d27bbb299b17.pdf
- Court
- High Court
WLC Properties Limited was the contracting party under the written building agreement and is liable for breach; the supplementary $500/day clause is a penalty and unenforceable; damages are assessed by reference to amounts paid, reasonable costs incurred and cost to complete (with a deduction for disputed invoices), resulting in judgment for the plaintiff against WLC for NZD 128,141.70; Ling Zhong is not personally liable in tort because no assumption of personal responsibility was established.