New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Oral agreements

Legal area

Court

21 Nov 2018

Huljich v Huljich [2018] NZHC 3029

Citation

[2018] NZHC 3029
Court

High Court

Applying ss 7, 8 and 25 of the Evidence Act 2006 the Court provisionally admitted limited factual material relevant to the surrounding circumstances of the loans but excluded paragraphs and entire expert briefs where they were irrelevant to issues in dispute, were hearsay/propensity without necessary foundation, or where low probative value risked needlessly prolonging the trial. Specifically: certain paragraphs of the plaintiff's brief admitted provisionally; paragraphs making allegations of deceptive instructions to solicitors, extraneous family propensity matters, and detailed hearsay were…
1 Dec 2009

WHAREPAPA V FULTON HOGAN LTD HC AK CIV 2009-404-4539

Citation

openlaw-27512633_2f48_498a_a648_700067e3ff72.pdf
Court

High Court

On the evidence the parties orally agreed in October 2006 to vary the hourly rate to $30; the variation was supported by consideration because the plaintiff obtained increased work and priority, and the plaintiff's conduct (invoicing at $30 without timely protest and increased supply of operators) and credibility findings established a binding variation, so there was no breach by respondent.