New Zealand Case Law: Decisions & Judgments

Topic

Electronic signature

Legal area

Court

20 Jun 2019

BANBROOK v TAN CHE HOE & SONS (PTE) LIMITED [2019] NZHC 1415

Citation

[2019] NZHC 1415
Court

High Court

The High Court held the 23 June 2014 email constituted an electronic signature and manifested an agreement to the partial surrender and extension of the lease; independent acts of part performance (surrendered area, payment of 25% of alteration costs, continued occupation) reinforced enforceability despite absence of a signed deed; the security for costs application was meritless and properly dismissed; on the affidavit evidence there was no tenable defence to the respondent's quantum and summary judgment for $63,467.37 (including interest) plus costs was properly entered; special leave to ap…
9 Dec 2016

WILFRED v LEXINGTON LEGAL LTD [2016] NZHC 2972

Citation

[2016] NZHC 2972
Court

High Court

Leave to appeal was declined because the proposed grounds did not raise questions of law or fact of sufficient importance to justify a second appeal; the court held s 22 Electronic Transactions Act 2002 applies and the applicant's emailed acceptance constituted a signature in the contractual context so clause 7 bound him as guarantor; the factual conclusion that the costs were for work for which LF-2 was liable and which the applicant had guaranteed was properly open on the evidence; the application for a stay was refused because enforcement was justified and the applicant had not shown suffi…
4 Jul 2016

WILFRED v LEXINGTON LEGAL LTD [2016] NZHC 1469

Citation

[2016] NZHC 1469
Court

High Court

Appellant's 4 June 2011 email constituted an electronic signature accepting the engagement terms including clause 7 and thereby personally guaranteeing LF-2's legal costs; invoices (including one mistakenly addressed to LF-1) recorded costs for work done for LF-2; credit notes and subsequent correspondence did not unconditionally release the principal debtors or discharge the guarantor; no evidence of qualifying contractual mistake or non est factum existed; appeal dismissed and judgment for respondent affirmed.
29 Jul 2013

RD2 INTERNATIONAL LTD v NDP 2010 LTD [2013] NZHC 1892

Citation

[2013] NZHC 1892
Court

High Court

On the uncontradicted evidence of RD2's director and applying the low threshold of s290, RD2 established a reasonably arguable counterclaim that NDP 2010 entered an enforceable written guarantee of NDPL's debt; therefore the statutory demand must be set aside and NDP 2010 must pay costs to RD2.
29 Feb 2012

MFT PROPERTIES LIMITED V COUNTRY CLUB APARTMENTS LIMITED SC 123/2011

Citation

SC 123/2011
Court

Supreme Court

Leave to appeal was refused because the issues raised were essentially factual, the Court of Appeal's findings on the existence of an agreement and the sufficiency of the written memorandum and signature had ample factual basis and raised no question of public or general importance or substantial miscarriage of justice; rectification principles supported enforcement of the variation and the court did not need to decide alternative part performance arguments.

New Zealand Case Law

BANBROOK v TAN CHE HOE & SONS (PTE) LIMITED [2019] NZHC 1415

WILFRED v LEXINGTON LEGAL LTD [2016] NZHC 2972

WILFRED v LEXINGTON LEGAL LTD [2016] NZHC 1469

RD2 INTERNATIONAL LTD v NDP 2010 LTD [2013] NZHC 1892

MFT PROPERTIES LIMITED V COUNTRY CLUB APARTMENTS LIMITED SC 123/2011