New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Contribution under law reform act 1936 s17

  • 3 Feb 2016

    PHIL & TEDS MOST EXCELLENT BUGGY COMPANY LIMITED v OUT 'N' ABOUT ATP LIMITED [2016] NZHC 71

    Citation
    [2016] NZHC 71
    Court
    High Court

    Summary judgment was appropriate in part: on construction the 2004, 2008 and 2011 agreements allocated product liability risk to ONA and precluded restitution, statutory or equitable contribution for settlements under those agreements; the 2012 sales agreement, however, potentially left liability with Phil & Teds if a written specification existed and was breached, so ONA had an arguable restitution/mistake claim limited to products under the 2012 agreement; ONA's February 2014 commission loss was reasonably arguable above £25,000; set-offs for the arguable counterclaims reduced Phil & Teds'…

    • Construction of distribution and sales agreements
    • Indemnity and exclusion clauses
    • Mistake and restitution
    • Contribution under law reform act 1936 s17
    • Equitable contribution
    • Set-off and stay of execution

  • 9 Jun 2010

    BODY CORPORATE 191608 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2008-404-2358

    Citation
    openlaw-aa533e06_2402_4266_9b01_56baf33fddc1.pdf
    Court
    High Court

    The Court held that the pre-purchase inspection reports were not a complete intervening cause and that justice and equity required the Council to retain a portion of liability; accordingly the first, fifth and sixth third parties were ordered to contribute 80% of the estimated repair costs for the units they reported on (Unit G, Unit A, Unit C respectively) under s17(1)(c) Law Reform Act 1936, with interest from the date of the Council's payment to the plaintiffs and costs on a 2B basis.

    • Contribution under law reform act 1936 s17
    • Apportionment of liability
    • Pre-purchase inspection reports
    • Leaky building remediation costs
    • Interest and costs awards