New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reasonable price

Legal area

Court

22 Dec 2020

REBNIK PROPERTIES LIMITED v DOBBS [2020] NZHC 3494

Citation

[2020] NZHC 3494
Court

High Court

The Court found Dobbs had not disclosed that he was acting as agent for Aluminium Repairs Ltd prior to or at contract formation, so Dobbs is personally liable; an implied term required that only a reasonable price be paid where no overall price was agreed; the reasonable price for the works was assessed at NZD 1,618,260 and plaintiffs (assignee Rebnik) were entitled to recover NZD 845,965.32 as overpayment from Dobbs plus interest from 7 July 2014 (calculated by the Interest on Money Claims Act internet calculator, capped at 5% p.a.). Estoppel and waiver defences failed.
27 Mar 2013

ANDREW ANGUS MCFARLANE v DICKSON MARINE (REFITS) LIMITED HC NEL CIV-2012-442-375

Citation

openlaw-ad427dc5_02ed_42b1_81eb_336e904f48a3.pdf
Court

High Court

The promise to supply weekly updates was an express contractual term; its breach deprived the owner of the opportunity to manage scope and cost. The proper remedy in the defended claim was to set off against the invoices the difference between amounts charged and the reasonable price for the work as proved by evidence. A counterclaim was not required. Applying expert evidence and concessions, the invoiced total was reduced by $15,652.77 and judgment was entered for the respondent for $9,093.52.