1 Nov 2016
There is no serious question to be tried because the documentary evidence unequivocally shows the plaintiff signed and acknowledged personal guarantees and incorporation of the Standard Terms; accordingly BNZ was entitled to appoint a receiver and to exercise its rights under the mortgage and Standard Terms and the interlocutory injunction restraining exercise of s119 powers is refused.
5 May 2016
The Court held Steel Co failed to prove its standard terms were incorporated into the one‑off Esk Valley and Amethyst contracts; accordingly the exclusion and limitation clauses in those terms did not apply. Steel Co breached implied terms under s16 of the Sale of Goods Act and is liable for Pipes NZ's losses including liquidated damages because such consequential losses were within the reasonable contemplation of the parties; the appeal was dismissed.
15 Jul 2009
The statutory demand was not set aside because there was no substantial dispute: an oral contract existed obliging Redwood to pay $36,000 upon employing Ms Z; the written standard terms were not incorporated; an implied term limited to absence of known disqualifying matters could be implied but did not extend to a warranty of suitability; Redwood's complaints about fit and performance did not amount to a breach affording set-off or defence sufficient to meet the s290 threshold.
11 Nov 2008
The Court held the May 2003 quality and timeliness terms were incorporated but so were CHH's Standard Terms of Sale; the defects were minor and did not justify cancellation under s7(4) of the Contractual Remedies Act 1979; the exclusion/limitation clause validly capped liability to the price of the goods and excluded consequential loss (including the claimed lost export profits); delay was partly caused by plaintiff's failure to provide artwork/film and plaintiff failed to mitigate by using acceptable cartons; plaintiff's primary claim dismissed and defendant entitled to judgment on its count…
17 Sept 2008
The exclusive English jurisdiction clause was not incorporated into the contract; some causes (tortious claims and contractual breach) gave a prima facie connection under r219 but on balance of convenience and connecting factors England was the clearly more appropriate forum, so the plaintiff's interlocutory application to set aside protests was dismissed and the proceedings were stayed pending resolution in England.