New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Certainty of contractual terms

Legal area

Court

13 May 2013

DUNROAMIN NURSERIES LTD V ZEALANDIA HORTICULTURE LTD HC ROT CIV-2011-463-744

Citation

openlaw-f39d9810_d409_486e_b6b2_068669b3784d.pdf
Court

High Court

The Court found Dunroamin made a formal offer by providing the drafted Deed of Lease and Zealandia accepted by conduct when it entered into possession and paid rent; those acts constituted part performance and, given Dunroamin's reliance and prejudice (demolition, building, borrowing, conduct of defendants), it would be unconscionable for Zealandia to rely on s 24; specific performance of the Deed of Lease was ordered.
20 Dec 2007

NORTHERN DAIRYLANDS LIMITED AND ORS V MAXTED AND ORS HC WHA CIV 2004-488-402

Citation

openlaw-93e4167d_df74_4c41_b247_5270963d4db4.pdf
Court

High Court

On the evidence misrepresentation was not established and in any event the parties did not objectively intend to be immediately bound at the conclusion of the settlement conference; crucial terms (notably the precise location of the cutting and the detailed mechanism for any alternative works) remained unresolved and the agreement was therefore too uncertain to be specifically enforced; claim fails and judgment entered for Pouto.