New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Uncertainty of contract

Legal area

Court

7 Oct 2011

STAKE PROPERTY LTD V COATE & ORS HC AK CIV-2010-404-8465

Citation

openlaw-a199430d_4c6f_4df5_8005_e0598e25fbeb.pdf
Court

High Court

Summary judgment was dismissed because on the evidence there were real issues to be tried: material ambiguity in the agreement (conflicting address and legal description), arguable non est factum and agency/authority issues requiring further factual investigation, and a proper exercise of discretion not to grant specific performance or summary judgment pending third party issues.
3 May 2006

BEALE AND BEALE V BANK OF NEW ZEALAND AND ORS HC AK CIV 2005-404-6308

Citation

openlaw-7ff706b1_39fd_4db2_8ac3_9024537d6cad.pdf
Court

High Court

The second indemnity was not void for uncertainty: notwithstanding the lack of physical initials or attachment, the indemnity clearly and unambiguously operated to indemnify the Bank up to $300,000 in respect of the replacement bond and reflected the parties' intention; accordingly the Bank was entitled to summary judgment recovering the amount. The plaintiffs' claims against Castle Brown could not be resolved on affidavit because of genuine disputes of fact about the retainer and advice, so summary judgment against Castle Brown was declined.