31 Mar 2023
PLUMBCO NZ LTD v PLUMBCO COMMERCIAL and CIVIL LTD [2023] NZHC 690
- Citation
- [2023] NZHC 690
- Court
- High Court
The Business Sale Agreement and later Stock Agreement, read together and in context, constituted a binding agreement to purchase identified stock; the joint stocktake obligations were either performed or waived by the purchaser; PCCL was bound to pay the agreed stock price and contractual interest despite arguments about legal title or usability; the misrepresentation/FTA claims failed for lack of inducement and causal loss; and the defendant did not prove that Mr Lally repudiated the consultancy agreement, so unpaid consultancy invoices are recoverable.