New Zealand Case Law: Decisions & Judgments

Topic

Implied authority

Legal area

Court

25 Feb 2019

TVBI COMPANY LTD v WORLD TV LTD [2019] NZHC 246

Citation

[2019] NZHC 246
Court

High Court

Leave to apply for summary judgment granted and summary judgment entered for TVBI because World TV failed to establish an arguable defence that Mr Ho lacked authority to bind World TV to the 2016 Agreements; s18 proviso did not apply on the evidence so apparent authority bound World TV; TVBI proved the principal sum of NZD 1,012,897 and World TV had no arguable defence on quantum for the proven amounts; remaining claims on additional damages and pre-litigation costs to proceed to trial and interest calculation to be determined on papers.
4 Dec 2006

ALISTAIR STUART MCLACHLAN AND AVA MARIE MCLACHLAN AS TRUSTEES OF THE WAITURUTURU TRUST AND ANOR V MERCURY GEOTHERM LIMITED (IN RECEIVERSHIP) AND ORS CA CA117/05

Citation

openlaw-09d6612e_ffad_4ec4_88f1_ba60061e6b79.pdf
Court

Court of Appeal

The Court held the right of first refusal in clause 16.1 was not triggered because the receivers did not know (actual or constructive) that Lots 1 and 2 were assets of Geotherm and Network was not the lessor nor had implied authority to bind Geotherm; removal of caveats did not amount to receivers' consent to sell once the sale had effectively completed; accordingly CA117/05 dismissed. On costs, Contact was entitled to costs on a 3C scale for the High Court hearing and $3,000 for the appeal because Contact's settlement offers would have produced the same outcome earlier and Network and Contac…

New Zealand Case Law

TVBI COMPANY LTD v WORLD TV LTD [2019] NZHC 246

ALISTAIR STUART MCLACHLAN AND AVA MARIE MCLACHLAN AS TRUSTEES OF THE WAITURUTURU TRUST AND ANOR V MERCURY GEOTHERM LIMITED (IN RECEIVERSHIP) AND ORS CA CA117/05