New Zealand Case Law: Decisions & Judgments

Topic

Breach of contract

Legal area

Court

19 Dec 2023

MAILLEY v SHAW & ANOR [2023] NZCA 659

Citation

[2023] NZCA 659
Court

Court of Appeal

The application for special leave was declined because the proposed appeal did not raise any question of law or fact capable of bona fide and serious argument of sufficient importance to outweigh the cost and delay of an appeal; the challenged findings were fact-based or application of settled legal principles (including limitation, requirement to plead loss and particularise bad faith) and statutory immunity under s 272 shielded the NZLS absent a properly pleaded and substantiated allegation of bad faith.
8 Dec 2023

TUARIKI JOHN EDWARD DELAMERE v YINGHENG LIU [2023] NZSC 163

Citation

[2023] NZSC 163
Court

Supreme Court

The application for leave is dismissed because none of the proposed grounds meet the statutory criteria in s 74: the tikanga argument did not justify departure from normal practice where the applicant chose to be represented; the fraud and intention arguments are new, lack evidential foundation in the lower courts and are inappropriate for a second appeal; the clean hands doctrine does not apply to a breach of contract claim; and concurrent factual findings were upheld, so no matter of general or public importance or miscarriage of justice is shown.
30 Nov 2023

WILSON MCKAY TRUSTEE COMPANY LTD v VAN DEN ANKER CONSTRUCTION LTD [2023] NZHC 3475

Citation

[2023] NZHC 3475
Court

High Court

Cancellation/suspension of a building contract does not extinguish accrued obligations to remedy defective work; where defect is established and builder fails to remedy after notice, owner may recover the reasonable cost of third‑party remediation — accordingly the trustees were entitled to recover the agreed cost of remedial roofing work despite suspension and cancellation.
20 Oct 2023

PFISTERER v CLAIMS RESOLUTION SERVICE LIMITED & ANOR [2023] NZCA 511

Citation

[2023] NZCA 511
Court

Court of Appeal

Court of Appeal affirmed that the CRS contract was not unconscionable because the appellant was not under a qualifying disadvantage and CRS lacked knowledge and exploitation; CRS complied with contractual obligations (including seeking instruction before filing) and the 'no win no pay' material was not misleading as to funding timing; CRS did not owe (or breach) fiduciary duties to the appellant; Shand Solicitors committed two limited breaches of fiduciary duty (continuing settlement negotiations contrary to instructions and filing a memorandum without instructions) but those breaches caused…
27 Sept 2023

McKINLAY v WHITBURN [2023] NZHC 2700

Citation

[2023] NZHC 2700
Court

High Court

The Whitburns were the successful parties because the court found the McKinlays breached their obligations preventing completion; costs follow the event and are awarded to the Whitburns on a category 2 basis with specific reductions and adjustments resulting in an allowance of 7.45 days at $2,390 per day totalling $17,805.50; photocopying and binding charges are disallowed and claimed filing fees must be clarified or referred back to the court.
6 Sept 2023

DELAMERE v LIU [2023] NZCA 427

Citation

[2023] NZCA 427
Court

Court of Appeal

The Court upheld the High Court: the three written agreements were independent; appellant breached express terms of the term deposit agreement by causing withdrawals without respondent's consent; an implied term requiring return of the $350,000 deposit if the residency application failed was necessary to give the arrangement business efficacy and was implied; appellant was personally liable for procuring the transfers; and damages reflect the loss of the deposit (plus interest and costs).
15 Aug 2023

TAVARES v WAIKATO INSTITUTE OF TECHNOLOGY [2023] NZHC 2183

Citation

[2023] NZHC 2183
Court

High Court

The statement of claim did not provide sufficient particulars of the formation of the contract, the precise contractual terms (including whether express or implied and whether derived from the Education (Pastoral Care of Domestic Tertiary Students) Interim Code of Practice 2019), the specific acts or omissions said to breach those terms with cross-references, and the facts establishing nature, cause and reasonable estimation of loss. The defendant's application for further and better particulars is therefore upheld in substance and the plaintiff is ordered to file an amended statement of clai…
14 Jun 2023

WAHAROA LAND HOLDINGS LIMITED v WAHAROA INDUSTRIAL PARK LIMITED [2023] NZHC 1480

Citation

[2023] NZHC 1480
Court

High Court

On a realistic overall assessment the first defendant succeeded: it pragmatically settled minor causes and successfully defended the main breach of contract claim at a two-day trial. Therefore the plaintiff must pay the first defendant's costs; the Court awarded $29,019.50 on a 2B scale with a Band A adjustment for two items.
12 Jun 2023

WESTGATE TOWN CENTRE LTD v AUCKLAND COUNCIL [2023] NZHC 1455

Citation

[2023] NZHC 1455
Court

High Court

The IFA and related agreements were specific transactional arrangements allocating land, construction responsibilities and payments; they did not constitute an open‑ended contract to 'deliver' the planning vision in PC15. Clause 4 of the IFA obliged Council to widen Fred Taylor Drive but did not fix design detail or require town‑centre treatment; clause 4(b) expressly disclaimed present commitment to bridge/ramps. CSA1/demarcation, the CDP and other planning instruments did not alter those contractual limits. The plaintiffs failed to establish the necessary strict tests for implying the asser…
18 May 2023

SOFINOWSKI v MAKAN [2023] NZHC 1193

Citation

[2023] NZHC 1193
Court

High Court

Defendant breached the Agreement by failing to settle; plaintiffs properly mitigated loss by re-marketing and reselling the property; damages are the contractual expectation loss (contract price minus resale price less deposit) plus contractual default interest, contractual indemnity costs and statutory interest; judgment was therefore entered for the plaintiffs for the computed total and costs awarded on a 2B basis.