25 Aug 2020
TONE & PACIFIC EXPORTS LTD v RAGE ENGINEERING LTD [2020] NZHC 2161
- Citation
- [2020] NZHC 2161
- Court
- High Court
On the evidence and pleadings the contract was formed after Pacific Exports Ltd was incorporated; the District Court judge erred in finding a contract on or about 29 November 2016 and in entering judgment against Mr Tone personally where there was no evidential foundation for his personal liability; pleadings were deficient as to identity and timing; appeal allowed, judgment set aside and matter remitted for rehearing with Pacific Exports to be reinstated as a party.