New Zealand Case Law: Decisions & Judgments

Topic

Agistment

Legal area

Court

9 May 2022

AVONDALE PASTORAL LTD PARTNERSHIP v SAUNDERS DAIRY HOLDINGS LTD [2022] NZHC 966

Citation

[2022] NZHC 966
Court

High Court

The appeal is dismissed. On the rehearing the Court found Avondale failed to prove the cows were in better condition when sent to Saunders or that deterioration and subsequent deaths were caused by Saunders Dairy's failure to provide the agreed feed or to take unreasonable care. The grazier's duty is to take reasonable care and is not a guarantee of condition; burden shifts to grazier only after owner proves a prima facie case of loss attributable to the grazier. The High Court had jurisdiction and extended time to permit the appeal since the earlier judgment had been recalled and substituted…
15 Oct 2012

WESTBURY THOROUGHBRED LTD V WEBSTER AKA MARGARET WATSON HC AK CIV-2011-404-005886

Citation

openlaw-6b81b1b0_227c_4ac1_9762_7e73b76e7c31.pdf
Court

High Court

The court held that the plaintiffs were entitled to further particulars of the alleged oral term because such particulars were necessary to fairly inform the plaintiffs and the Court; particulars already supplied in relation to the implied term, the sale proceeds and the branding/illegality allegations were adequate and no further detail was required; the defendant was ordered to file an amended statement of defence and counterclaim including the required further particulars by 5.00 pm on 19 October 2012 and the plaintiffs were entitled to costs on a 2B scale for the application.
11 May 2012

WESTBURY THOROUGHBREDS LIMITED V MARGARET MARY-JEAN WEBSTER (ALSO KNOWN AS MARGARET WATSON) HC AK CIV 2011-404-005886

Citation

openlaw-fd2f0702_10bc_495b_b818_2cb88fcf9610.pdf
Court

High Court

Material factual disputes existed about the basis and scope of agistment charges, the existence and effect of an oral deferred payment ('pay when paid') agreement, and whether Westbury had contractual authority and standing to claim agistment and exercise a lien beyond the Librettist contract; because the plaintiff failed to establish absence of a triable defence summary judgment was not appropriate and the application was dismissed.

New Zealand Case Law

AVONDALE PASTORAL LTD PARTNERSHIP v SAUNDERS DAIRY HOLDINGS LTD [2022] NZHC 966

WESTBURY THOROUGHBRED LTD V WEBSTER AKA MARGARET WATSON HC AK CIV-2011-404-005886

WESTBURY THOROUGHBREDS LIMITED V MARGARET MARY-JEAN WEBSTER (ALSO KNOWN AS MARGARET WATSON) HC AK CIV 2011-404-005886