3 Oct 2005
HIREQUIP HOLDINGS LIMITED V CITY HIRE CENTRE (1973) LIMITED HC NAP CIV 2004-441-362
- Citation
- openlaw-d5ff0162_ec71_4ddd_b0c3_9eb5b093771b.pdf
- Court
- High Court
The court found the parties did not adopt the hand‑written amendments and that a reasonable notice period must be implied; six months was implied. Hirequip's six months' notice was effective and City Hire unlawfully detained equipment after 12 August 2004 (conversion). Hirequip breached the agreement by demanding return of equipment without meaningful consultation under the performance clause. Hirequip also breached the exclusive agency by opening branches in Hawkes Bay before expiry of notice and must account for commissions for hires initiated into Hawkes Bay; damages for both sides require…