3 Feb 2016
PHIL & TEDS MOST EXCELLENT BUGGY COMPANY LIMITED v OUT 'N' ABOUT ATP LIMITED [2016] NZHC 71
- Citation
- [2016] NZHC 71
- Court
- High Court
Summary judgment was appropriate in part: on construction the 2004, 2008 and 2011 agreements allocated product liability risk to ONA and precluded restitution, statutory or equitable contribution for settlements under those agreements; the 2012 sales agreement, however, potentially left liability with Phil & Teds if a written specification existed and was breached, so ONA had an arguable restitution/mistake claim limited to products under the 2012 agreement; ONA's February 2014 commission loss was reasonably arguable above £25,000; set-offs for the arguable counterclaims reduced Phil & Teds'…