New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Remoteness of damage (hadley v baxendale)

  • 11 Apr 2019

    HOLDAWAY v ELLWOOD [2019] NZHC 792

    Citation
    [2019] NZAR 680
    Court
    High Court

    At the time the agreement was made it was reasonably foreseeable that purchasers could register for GST and claim an input tax credit; vendor's warranty breach caused the loss of that expected input credit and reasonable accountant fees are recoverable; the purchasers' later failure to notify under contractual clause 15.5 and s78F did not negate their expectation losses; no security order was made so appeal was not abandoned; summary judgment for appellants for the input credit and accounting fees was appropriate.

    • Breach of warranty
    • Remoteness of damage (hadley v baxendale)
    • Summary judgment
    • Security for costs
    • Statutory notification under gst

  • 27 Aug 2009

    OCEANIA FURNITURE LIMITED V DEBONAIRE PRODUCTS LIMITED HC WN CIV-2008-485-1701

    Citation
    openlaw-0eb36363_f8e7_44fc_8e8e_30e1dbe0cf19.pdf
    Court
    High Court

    Oceania breached its obligation to supply accepted orders in a timely fashion for orders accepted between 30 January 2007 and 28 July 2007 and therefore is liable for direct profits lost on specific undelivered orders (orders 502, 503, 507, 509-511 and 513), but its liability for indirect or consequential losses is excluded by the contract; Oceania cannot rely on the operative 'insofar as within Oceania's control' limitation for those orders because it had knowledge of the Chinese factory difficulties by the time it accepted those orders; the contractual default interest rate (30% p.a.) is a…

    • Force majeure
    • Exclusion clauses
    • Remoteness of damage (hadley v baxendale)
    • Penalty interest
    • Contract interpretation
    • Damages quantification

  • 1 Nov 2007

    ROCHIS LTD V ZACHERY ANDREW CHAMBERS, JULIAN DAVID CHAMBERS, JOCELYN ZELPHA CHAMBERS AND KIMBERLY FAITH CHAMBERS CA CA112/06

    Citation
    openlaw-79013ebd_8d78_43f3_8974_0084f30c1361.pdf
    Court
    Court of Appeal

    Clause 16, by denominating a floor in US dollars, established that exchange rate fluctuation was within the parties' contemplation so exchange losses caused by delayed settlement were recoverable; clause 3.9's provision for interest for late settlement does not exclude separate recovery for exchange losses; respondents conceded joint and several liability and therefore must repay the outstanding overpayment with interest.

    • Exchange rate losses
    • Remoteness of damage (hadley v baxendale)
    • Liquidated damages
    • Joint and several liability
    • Interest for late settlement