New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Incorporation of contractual terms

Legal area

Court

18 Nov 2011

SEED ENHANCEMENTS LIMITED V AGRISOURCE 2000 LIMITED HC AK CIV 2010-404-004243

Citation

openlaw-dfbc9b34_3944_403b_9fd2_a58395bfb6f0.pdf
Court

High Court

The Court held Stefes' General Conditions, including an exclusive jurisdiction clause designating German law and Hamburg courts, were incorporated and binding on Agrisource; Agrisource failed to establish sufficiently strong or exceptional circumstances to displace that clause and therefore New Zealand was not the appropriate forum; the application to strike out the protest was dismissed and Agrisource's claim against Stefes was dismissed for lack of jurisdiction.
22 Oct 2009

NIGHTINGALE & NIGHTINGALE V BARFOOT & THOMPSON LIMITED HC AK CIV-2009-404-004073

Citation

openlaw-3abdc5b9_165c_41bd_b8b9_49bdb913ab56.pdf
Court

High Court

Clause 11.1 was incorporated into the signed sale contract by reference to the general terms; the appellants had sufficient notice of the standard terms and knew such a clause existed; the appellants' signature bound them and constituted the required written appointment so the respondent was entitled to commission and could rely on the Contracts (Privity) Act 1982 as a designated third party; appeal dismissed.