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.