New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Breach of implied term

Legal area

Court

29 Mar 2019

GREENFIELDS INTERNET LIMITED v RURAL NETWORKS LIMITED [2019] NZHC 645

Citation

[2019] NZHC 645
Court

High Court

Leave to appeal was granted because the central issue—whether damages are an adequate remedy in lieu of injunctive relief—was capable of bona fide and serious argument and the appeal would be rendered nugatory without a stay; accordingly interim injunctions were reinstated with specified modifications on condition the appeal is pursued urgently and procedural directions are complied with.
2 Sept 2009

GRAHAM STRATEGIC LIMITED V STRATUS FINANCIAL SERVICES LIMITED HC WN CIV 2008-485-2603

Citation

openlaw-2bc24d00_7c80_4e2e_836a_1a4b9a202f03.pdf
Court

High Court

Broker (Stratus) breached the implied contractual duty to use reasonable care and skill in advising and renewing GSL's insurance, but the plaintiff's loss from the failed 'My Way' campaign did not constitute an indemnifiable loss under the professional indemnity policy because there was no legal liability to a third party for compensation and applicable policy language/exclusions precluded recovery; accordingly the plaintiff's claim is dismissed.