New Zealand Case Law: Decisions & Judgments

Topic

Damages and quantum

Legal area

Court

24 Aug 2023

ZHOU v WATSON [2023] NZHC 2328

Citation

[2023] NZHC 2328
Court

High Court

The purchasers failed to establish actionable oral misrepresentation or concealment but proved a common mistake by both parties that the house was sound and non‑leaky; relief under CCLA s28 is just to remedy the substantially unequal exchange by awarding purchasers 70% of the diminution in value caused by the mistake plus a separate $15,000 award for the retaining wall consent breach; other affirmative defences failed to negate relief.
18 Dec 2019

WAIWERA WATER NEW ZEALAND LTD v DAVID MURRAY MELROSE [2019] NZHC 3399

Citation

[2019] NZHC 3399
Court

High Court

The court found on the balance of probabilities that Melrose retained ownership of the CAD drawings, Trade Mark Drawing and Waiwera Artesian Logo under the 2005 memorandum of understanding and had validly terminated permission to use those works; the Waiwera Group and named counterclaim defendants continued to copy, distribute and authorise manufacture of infringing bottles and copies and thereby infringed Melrose's copyright and breached s9 of the Fair Trading Act; accordingly declarations, injunctions, delivery up orders and transfer of specified trade mark registrations were warranted, whi…
3 Sept 2019

PURE ELITE HOLDINGS LTD v BODCO LTD [2019] NZHC 2191

Citation

[2019] NZHC 2191
Court

High Court

The Danpac heads of agreement was, in material respects, an unenforceable agreement to agree because essential matters (revised business plan, budget, capitalisation timetable and milestones) remained for future agreement without objective machinery; although a joint venture existed it did not give rise to fiduciary duties between the parties; the 51% share transfers to EHNZ/PEHNZ were made in expectation of imminent funding and, on failure of that basis and termination of the joint venture (by 24 December 2014), it was inequitable for PEHNZ to retain the shares — declaration made that PEHNZ…
25 Jul 2018

JOKIM INVESTMENTS LTD v SOWMAN [2018] NZHC 1857

Citation

[2018] NZHC 1857
Court

High Court

Defendants (tenant and co-occupant) are jointly and severally liable for remediation, professional and lost rental costs caused by manufacturing methamphetamine on the premises; the court will allow the reasonable remediation and professional costs proved but reduce recovery to reflect unreasonable delay by the plaintiff in completing remediation and to account for mitigation, fixing a two-year reasonable remediation period (23 May 2015 to 23 May 2017) and quantifying recoverable sums accordingly.
29 Aug 2008

BODY CORPORATE 170812 AND ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2003-404-007259

Citation

openlaw-b7df44d7_876b_43be_86fd_d8c8ecd8aba5.pdf
Court

High Court

The Court held that the existing pleadings were broadly adequate but required amendment to expressly plead the Body Corporate's basis to incur and levy for repair costs (identify specific rules and resolutions relied upon) and to provide general particulars of the structural damage caused by exterior cladding defects; dates of notice/discovery are not required elements of the cause of action and are matters for evidence/interrogatories; defendants may obtain further factual detail by interrogatories and expert processes.
5 Aug 2008

G D MCKINNON AND K M MCKINNON V GALLAWAY COOK ALLAN HC AK CIV 2007-412-000993

Citation

openlaw-d5d8be1e_63ae_4d52_9012_d92e06581248.pdf
Court

High Court

Summary judgment was granted for the plaintiffs on liability only in respect of the breach of contract because the defendant admitted the contractual breaches; the tort claim could not be summarily determined because loss was not established on the record due to potential offsetting claims by the purchaser and uncertainty as to quantum.

New Zealand Case Law

ZHOU v WATSON [2023] NZHC 2328

WAIWERA WATER NEW ZEALAND LTD v DAVID MURRAY MELROSE [2019] NZHC 3399

PURE ELITE HOLDINGS LTD v BODCO LTD [2019] NZHC 2191

JOKIM INVESTMENTS LTD v SOWMAN [2018] NZHC 1857

BODY CORPORATE 170812 AND ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2003-404-007259

G D MCKINNON AND K M MCKINNON V GALLAWAY COOK ALLAN HC AK CIV 2007-412-000993