New Zealand Case Law: Decisions & Judgments

Topic

Contractual construction

Legal area

Court

21 Sept 2016

RESTAURANT BRANDS LTD v QST LTD [2016] NZHC 2226

Citation

[2016] NZHC 2226
Court

High Court

Leave to appeal was granted because the question of law arising from the Tribunal's interpretation of clause 4.2 is central, of potential precedent value, and the plaintiff's challenge is strongly arguable; the tribunal's adoption of a legally framed expert opinion without independent analysis meant a question of law arose out of the award and the Gold & Resource Developments balancing of factors favoured granting leave.
20 Dec 2011

GLENMORGAN FARM LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V NEW ZEALAND BLOODSTOCK LEASING LIMITED AND NEW ZEALAND BLOODSTOCK FINANCE LIMITED AND NEW ZEALAND BLOODSTOCK PROGENY LIMITED COA CA774/2010

Citation

COA CA774/2010
Court

Court of Appeal

Bloodstock had a contractual right to take possession of Generous under clause 5(c) of the Refinancing Agreement read with the CCA and LPA2, a right superior to Glenmorgan's possessory interest; alternatively, even if unlawful, Bloodstock's act did not cause Glenmorgan any compensable loss because receivership and sale by receivers were inevitable and income was applied to debt; accordingly appeal dismissed.
15 May 2009

NIELSEN V DYSART TIMBERS LIMITED SC 54/2008

Citation

NIELSEN V DYSART TIMBERS LIMITED SC 54/2008
Court

Supreme Court

An implied terminating condition will be recognised only where there is an objective, fundamental change in circumstances that fundamentally undermines the offeror's willingness to be bound; applying that test the Court (majority) held the grant of leave to appeal was not a fundamental change and the offer remained open so Dysart's acceptance created a binding settlement contract.

New Zealand Case Law

RESTAURANT BRANDS LTD v QST LTD [2016] NZHC 2226

GLENMORGAN FARM LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V NEW ZEALAND BLOODSTOCK LEASING LIMITED AND NEW ZEALAND BLOODSTOCK FINANCE LIMITED AND NEW ZEALAND BLOODSTOCK PROGENY LIMITED COA CA774/2010

NIELSEN V DYSART TIMBERS LIMITED SC 54/2008