New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Working drawings

Legal area

Court

21 Aug 2008

AMARCO CONSTRUCTION LIMITED V AMBIENTI FRANSDEN ARCHITECTURE LIMITED (TRADING AS AMBIENTI) HC TAU CIV 2008-470-000381

Citation

openlaw-0aebbd6a_7057_4f46_9d0b_b8f80c697537.pdf
Court

High Court

Because there was a realistic dispute about whether the contracted work had been completed and the parties consented to a plan for resolving the disputed design points, the court adjourned the application sine die and imposed specific steps and deadlines (meeting, completion of amended working drawings by 17 September 2008, payment within seven days of delivery), rather than deciding the set‑aside application on the merits.
21 Aug 2008

AMARCO CONSTRUCTION LIMITED V AMBIENTI FRANSDEN ARCHITECTURE LIMITED (TRADING AS AMBIENTI) HC TAU CIV 2008-470-000381

Citation

openlaw-54d7af78_7cc2_4858_a649_83e43883c514.pdf
Court

High Court

The court found that the dispute about whether the contract was fully performed could be resolved by allowing Ambienti an opportunity to correct the five identified design issues; rather than decide the genuine dispute on the papers the court adjourned the application by consent on terms requiring Ambienti to amend and deliver final working drawings by 17 September 2008 and Amarco to pay $10,712.02 within seven days of delivery, with costs to date to lie where they fall and leave to apply for a telephone conference if non-compliance occurs.