New Zealand Case Law: Decisions & Judgments

Topic

Concurrent liability

Legal area

Court

11 Oct 2021

HSU v MAHONEY [2021] NZHC 2708

Citation

[2021] NZHC 2708
Court

High Court

The Court preferred the plaintiffs' expert (Mr Webber) as more independent, site‑verified and methodical; accepted his revised excavation volume (144 m3), requirement for shoring/tapering and related professional fees, accepted P&G at 10%, contingency at 10%, inflation 5% and escalation 3%, accepted relocation costs of $15,020 and applied deductions for EQC and retentions, resulting in an award against Bushnell Investments Ltd of $140,724.42 plus interest.
28 Oct 2015

INFINITY INVESTMENT GROUP HOLDINGS LIMITED v SIMPATICO ADVERTISING LIMITED [2015] NZHC 2657

Citation

[2015] NZHC 2657
Court

High Court

Gendall J held that Infinity was liable under the oral contract from 3 May 2011 to 4 July 2011 by virtue of acting as agent for an undisclosed principal (Pegasus), but that upon execution of the written Services Agreement on 4 July 2011 which named Pegasus and contained an entire agreement clause, the principal was disclosed and the written contract superseded the prior oral arrangement so Infinity was not concurrently liable for services provided thereafter; the trade credit application did not create contractual liability for services provided under the Pegasus–Simpatico Services Agreement;…
19 Dec 2013

BLAIN & ORS v EVAN JONES CONSTRUCTION LTD CA272/2013 [2013] NZCA 680

Citation

[2013] NZCA 680
Court

Court of Appeal

The review court held the Associate Judge erred in striking out the third party notices: it is at least arguable that a contractor may owe a concurrent tortious duty of care in the facts alleged, the contract did not clearly preclude such a duty (the contractual 'tradesman-like' obligation can be co-extensive with tort), and the Construction Contracts Act is not determinative; accordingly the third party claims are not so clearly untenable and must proceed to trial.
6 May 2013

GREY DISTRICT COUNCIL V BLAIN and Ors HC GRY CIV-2011-418-000060

Citation

openlaw-ba52dfe4_d3d9_4afb_9c92_b8d95cdd1f27.pdf
Court

High Court

Section 64 can be used to transfer a High Court review of an Associate Judge's interlocutory decision to the Court of Appeal where circumstances are exceptional; on the facts of this construction dispute the matters raised are primarily legal, of public importance, likely to proceed to appellate determination and it would be unjust and wasteful to require rehearing in the High Court, so transfer is warranted.
10 Nov 2008

C E SANKEY V HARRISON CONSTRUCTION LIMITED AND ANOR HC WHA CIV 2007-488-000549

Citation

openlaw-63fe0fbd_1fe4_4a78_8411_b70f57b4d3ab.pdf
Court

High Court

The application for summary judgment was declined because there was evidence the builder had responsibility for siting the concrete slab (specification required contractor to perform setting out and builder prepared the plans and carried out preparatory works) and evidence that the slab was placed contrary to the building consent; therefore there was an arguable breach of contract and/or duty of care and the defendant could not show no basis existed for the plaintiff's causes of action.
9 Oct 2008

TE WHAU VINEYARD LTD V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2004-404-5306

Citation

openlaw-5f331e81_cfb1_43c0_8f07_f6802e59b774.pdf
Court

High Court

The original statement of claim filed 28 September 2004 together with subsequent amendments filed before 30 April 2005 pleaded the same four essential elements (duty, breach, causation, loss) arising from the same facts and thus constituted an action founded on simple contract within s 4(1)(a) Limitation Act 1950 concurrently with tort; the fifth amended pleading of 2 May 2006 did not introduce a fresh cause of action but merely refined particulars, so the claim was not statute-barred and the review application was dismissed.

New Zealand Case Law

HSU v MAHONEY [2021] NZHC 2708

INFINITY INVESTMENT GROUP HOLDINGS LIMITED v SIMPATICO ADVERTISING LIMITED [2015] NZHC 2657

BLAIN & ORS v EVAN JONES CONSTRUCTION LTD CA272/2013 [2013] NZCA 680

GREY DISTRICT COUNCIL V BLAIN and Ors HC GRY CIV-2011-418-000060

C E SANKEY V HARRISON CONSTRUCTION LIMITED AND ANOR HC WHA CIV 2007-488-000549

TE WHAU VINEYARD LTD V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2004-404-5306