27 Feb 2019
BYRNE v ROSE [2019] NZHC 273
- Citation
- [2019] NZHC 273
- Court
- High Court
Court held there was a binding contract between Byrne and Rose; express deadlines (installation 13 July 2015; commissioning 7 August 2015) and implied terms (workmanlike care, fitness for milking purpose) formed part of the contract; Byrne breached by failing deadlines and by delivering a concrete floor and drainage deficient for safe milking, entitling Rose to remediation costs and limited damages, while Byrne (minus two specific deductions) and Hume were entitled to the unpaid balances; loss of profits beyond the shortfall in 2015/16 were too remote or not causally attributable to builder's…