22 Nov 2017
Leave to appeal was declined because the dispute turned on factual findings about the real nature of the employment relationship (objective indicia) and did not raise a serious question of law; further, potential personal liability arising from undisclosed agency and s 25(2) Companies Act 1993 made any appeal moot.
25 Jul 2012
The Supreme Court granted leave to appeal and certified the question whether the receivers were required to pay the GST; it declined to grant leave on the contractual argument, holding that the Court of Appeal was not confined to the applicants' narrow interpretation, that the distinction between personal and receivers' liability was meaningless in context, and that the contractual point lacked sufficient general importance and did not disclose a miscarriage of justice.
27 Jan 2012
The May 2002 credit application created the contract with RJ & MH McVitty; invoices were addressed to that partnership and bore the partnership customer number; completion of AUTOPAY forms did not transfer or reassign contractual liability to the company; the defendants failed to file affidavits or credible evidence to establish a real defence; accordingly there was no real question to be tried and summary judgment was warranted for the reduced sum, with contractual interest and solicitor-client costs.
15 Nov 2011
Liability from the tourist cabin fire is not covered by the Section 4 liability protection extension because the tourist operation was a separate undeclared commercial business; the Forest and Rural Fires Act extension provides a standalone indemnity for s 43 liability but is limited to $200,000 absent payment of additional premium; the personal liability extension does not apply because the insured event was related to a business activity; leave to adduce additional causation evidence was irrelevant to the contractual construction issues.
16 Sept 2011
The tribunal's factual finding that the appellant personally contracted to supply and install the EIFS cladding was supported by contemporaneous documentary evidence (a signed receipt and payment records), the credible and consistent evidence of Mr Jones, and the appellant's inconsistent and unpersuasive affidavits and oral evidence; therefore the appellate court declined to disturb the tribunal's finding and dismissed the appeal.