New Zealand Case Law: Decisions & Judgments

Topic

Mistake

Legal area

Court

4 Aug 2023

FENG AND CAI v SEA.TX PROPERTY LIMITED [2023] NZHC 2067

Citation

[2023] NZHC 2067
Court

High Court

On an objective assessment of the parties' negotiations and conduct, the court found a common continuing intention that the $1.58m purchase price was GST inclusive; the agreement contained a clerical error by the agent and was rectified accordingly; plaintiffs awarded repayment of $237,000 (GST) and $66,447 (interest) and vendor could not claim indemnity from agents in the circumstances.
17 Jul 2023

LIU v HE [2023] NZHC 1848

Citation

[2023] NZHC 1848
Court

High Court

Leave to file the second amended statement of claim was granted because the defendant consented and the trial date could be maintained; the application for an order for the taking of an account was dismissed because liability to the plaintiffs has not been established, the application amounted to a fishing expedition seeking further discovery rather than a proper account, the GST issue could be addressed without a full account, and relevant documents had already been discovered; further discovery orders were declined given the imminence of trial and existing disclosure; costs awarded to defen…
2 May 2023

BEYNON v BURKLAKOVA [2023] NZHC 1012

Citation

[2023] NZHC 1012
Court

High Court

The defendant breached the settlement agreement by failing to transfer the agreed one-sixth unit title; the defendant had agreed post-settlement to transfer the accessway title and took steps to do so but could not complete execution due to an invalidly executed power of attorney and residence in Russia; accordingly the appropriate and necessary remedy is a declaration that the defendant is bound by the agreement and authorization for the Registrar of the High Court to execute the Authority and Instruction to transfer the title to the plaintiff, consistent with precedent.
3 Feb 2023

TOBEM HOLDINGS LIMITED v KID COUNTRY HOLDINGS LIMITED (in liquidation) [2023] NZHC 98

Citation

[2023] NZHC 98
Court

High Court

The Lease was interpreted according to its express terms: rent was to be calculated under clause 4.10 on the basis of the resource consent for 150 children and Kid Country was liable for 50% of outgoings for the whole Development. Kid Country breached by failing to pay rent and outgoings; Tobem validly mitigated (refit and reletting) and proved reasonable mitigation costs (with duplicated invoices excluded) and loss of bargain measured by the shortfall between contractual rent and market rent actually obtained. Counterclaims failed because alleged misrepresentations did not establish induceme…
29 Sept 2022

ARMISHAW v HUANG [2022] NZHC 2484

Citation

[2022] NZHC 2484
Court

High Court

Defendants' asserted defences (misrepresentation, mistake, non est factum) are not arguable on the evidence: contemporaneous documents and communications show City Sales acted for the vendors, the clause excluding accessory units was not unusual and could have been satisfied within contractual mechanisms, and defendants were negligent in signing without legal advice; accordingly plaintiff entitled to summary judgment and specific performance. The Court ordered transfer on tailored terms: 20 working days to transfer property exclusive of accessory units with a 10 working day extension if neces…
1 Apr 2022

GREYMOUTH HOLDINGS LTD v LUNDON [2022] NZHC 641

Citation

[2022] NZHC 641
Court

High Court

On the summary caveat application the Court held GHL had demonstrated a reasonably arguable case that an enforceable contract existed, that it was potentially entitled to specific performance (and thus an equitable interest), and that the caveat purported to protect that interest; factual disputes about knowledge of the vendors' mistake, valuation and the exercise of equitable discretion were left for trial, so the caveat should not lapse.
1 Apr 2022

BISCUIT CREEK FOREST LIMITED v SIMON FREDERICK VALLANCE AND ROSA VALLANCE [2022] NZSC 36

Citation

[2022] NZSC 36
Court

Supreme Court

Leave to appeal was refused because the issues sought to be appealed were fact specific and raised no point of general or public importance; the Court of Appeal's application of s 28 to cancel the contract based on a common mistake causing a substantially unequal exchange was a concurrent factual and legal conclusion that did not warrant this Court's intervention and there was no real risk of miscarriage of justice.
26 Jul 2019

RED JACK RESOURCES LTD v SMITH DIESEL SERVICES LTD [2019] NZHC 1776 .

Citation

[2019] NZHC 1776
Court

High Court

The Court set aside the statutory demand in part: applicant failed to establish reasonably arguable counterclaims in respect of most paid invoices (including Martin and Category Two invoices) and the alleged sale of the MT41 truck due to lack of evidence, payment/ratification or inconsistency with contemporaneous conduct, but did establish narrowly arguable counterclaims for pump costs and for damage/removal claims (including engine control unit removal) totalling $185,057.75. Consequently $427,178.59 remained owing and the applicant was ordered to pay that sum within 10 working days; in defa…
12 Apr 2019

BOOTH v POPLAR ROAD FARMS LIMITED [2019] NZHC 807

Citation

[2019] NZHC 807
Court

High Court

The plaintiff proved the requisite common continuing intention that the deed record the residuary purchase-price debt owed to Ray Booth, that both parties relied on the accountant's calculation which was mistaken, and independent expert evidence established the true amount; accordingly the deed of debt was rectified to record $1,579,134.94 and a declaration was granted that PRF owes that sum on the deed's terms.
1 Nov 2018

WABY [2018] NZHC 2832

Citation

[2018] NZHC 2832
Court

High Court

The Court corrected the will because the document and background circumstances clearly demonstrated that the phrase 'my said father' was an error and that the testator intended his son to be the residuary beneficiary; section 31 Wills Act 2007 authorises such correction to give effect to that intention.