New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contra proferentum

Legal area

Court

16 Mar 2009

NANDRO HOMES LIMITED V DATT & ORS HC AK CIV-2008-404-6676

Citation

openlaw-427a760f_a355_4de9_890e_477e0f4dc9a7.pdf
Court

High Court

On objective construction of the handwritten settlement agreement in its factual matrix the parties intended a full and final settlement of all claims relating to the 9 Maxwell Avenue property transaction; that settlement precluded the deceit and negligence claims against Nandro and, as those defendants were joint tortfeasors, also precluded claims against the director and employee; the second proceeding was an abuse of process and summary judgment for the defendants was appropriate.
25 May 2006

HADFIELD V RIVERS AND ORS HC CHCH CIV 2006-409-000678

Citation

openlaw-fd08f694_e9da_4b2b_9b0a_ad07f417e9d3.pdf
Court

High Court

The Court held clause 23 should be interpreted, objectively against the factual matrix, as limiting the lessor's ability to sell the property to the defined marketing period; a sale outside that period does not trigger the lessee's right of pre-emption whereas a sale during active marketing does; the arbitrator misinterpreted clause 23 on that point and the question of breach and damages must be remitted to the arbitrator to decide.