New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Variation and waiver

Legal area

Court

4 Nov 2011

RD1 LTD V MCKINNON HC AK CIV-2011-404-003499

Citation

openlaw-0de38ae8_2941_4a65_b427_4a496391e04f.pdf
Court

High Court

The guarantee was not limited by the $2,000 credit limit because the application and annexed terms permitted RD1 to extend credit and expressly preserved the guarantee through variations; clause 3 constituted a waiver of surety rights making the guarantor primarily liable, so Mr McKinnon is liable for the full judgment debt of $30,057.48.
1 Jun 2007

EDWARD JUZWA AND HELEN JEAN RABINSKA V DAVID WILLIAM HILL AND GAIL HILL CA CA214/05

Citation

openlaw-08413cf3_b567_45de_aabf_e9098157a055.pdf
Court

Court of Appeal

The Court upheld the trial judge's factual finding that the appellants gave an assurance of flexibility on the final payment date and the respondents reasonably relied on that assurance; equity (estoppel) therefore prevented the appellants from enforcing the strict contractual date, that enforcement would be unconscionable, and applying estoppel in these circumstances did not breach the statutory writing requirement in Contracts Enforcement Act 1956 s 2; specific performance of the agreement was appropriate and the appeal was dismissed.