New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Rectification of contract

Legal area

Court

30 Sept 2013

HANOVER GROUP HOLDINGS LTD V AIG INSURANCE NEW ZEALAND LTD CA101/2013 [2013] NZCA 442

Citation

(2013) 12 TCLR 702
Court

Court of Appeal

The appellant failed to prove on the balance of probabilities that there was a common continuing intention and concluded agreement that AIG would provide full prospectus cover; contemporaneous documents and communications were equivocal; therefore rectification is not available; moreover there was no misleading or deceptive conduct nor estoppel because AIG did not know of any settled misapprehension and the policy wording was available to be checked.
12 Aug 2010

TG PATERSON CONTRACTING LIMITED V DOWNER EDI WORKS LIMITED HC AK CIV 2010-404-002512

Citation

openlaw-f7faaf2b_99f5_43f6_bdb7_ac4193071650.pdf
Court

High Court

The statutory demand was set aside because the applicant established an arguable case (sufficiently probable and fairly arguable) that the written contract did not reflect the parties' common intention regarding fluctuations and therefore a substantial dispute exists under s290(4)(a); the dispute must be determined at trial and cannot be resolved on the statutory demand application.