New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Construction contract dispute

Legal area

Court

5 Jul 2023

YANG SHI v PACIFIC CONSTRUCTION GROUP LTD [2023] NZHC 1729

Citation

[2023] NZHC 1729
Court

High Court

The court ordered removal of the caveat because the evidence demonstrated the entire net proceeds of sale of the house property would be applied to repay registered secured creditors, so the respondent could have no reasonable expectation of obtaining benefit from continuance of the caveat and the balance of convenience favoured permitting settlement to proceed without further delay.
10 Aug 2009

MAGSONS HARDWARE LIMITED V DORIC INTERIORS & CONSTRUCTION LIMITED HC AK CIV 2008-404-006861

Citation

openlaw-25544f7e_804e_4c7a_a8d0_e42452930034.pdf
Court

High Court

For Vijay the payment claim form was ambiguous but read as claiming only $23,795.00 as the current payment claim; substantial injustice would not result by reducing the statutory demand to $23,795.00 and extending time to comply; for Magsons there was a genuine and substantial dispute as to the existence and authority for any construction contract with Doric, so the statutory demands against Magsons must be set aside.