New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Deferred works

Legal area

Court

8 Aug 2018

RICHINA PACIFIC LTD v SAMSON CORPORATION LTD [2018] NZSC 72

Citation

[2018] NZSC 72
Court

Supreme Court

Leave to appeal dismissed because the Court of Appeal correctly held the bond was not discharged by the practical completion certificate since Mainzeal had not fulfilled its contractual obligations relating to the car stacker, the car stacker was not shown on the facts to be excluded from practical completion, Samson's possession fell within the contract and the indulgence clause, payment of retentions did not discharge the bond, and the issues raised were factual rather than of general commercial importance.
1 May 2018

RICHINA PACIFIC LTD & ANOR v SAMSON CORPORATION LTD [2018] NZCA 132

Citation

[2018] NZCA 132
Court

Court of Appeal

The bond was not discharged: the practical completion certificate expressly excluded the car stacker and Mainzeal had not performed all contractual obligations at the date of practical completion; the parties treated the stacker as a separable portion and agreed possession consistent with the contract or within the bond's indulgence clause, and payment of retentions pursuant to the engineer's certification did not discharge the bond.