17 Apr 2015
WATSON v WHITEHAD [2015] NZHC 739
- Citation
- [2015] NZHC 739
- Court
- High Court
The Court corrected paragraph 268(d) under the slip rule to record 5% interest and omitted deferred-month interest was included; Mr and Mrs Watson are personally liable on the third agreement because two of three trustees signed without an express exclusion of personal liability; equitable set-off is available but only after calculation of liabilities (each contract and interest must be separately calculated); judgments were entered for specified sums and interest as calculated in the final judgment; the contractual 18% interest clause in the honey sale agreement was held to exclude the doctr…