12 Aug 2015
KESTY MANNING CONTRACTING LIMITED v HAWORTH [2015] NZHC 1909
- Citation
- [2015] NZHC 1909
- Court
- High Court
Although service of default judgment documents was irregular, there is no miscarriage of justice in entering judgment for the uncontested portion because the 5 December 2012 contract objectively covered a quantity up to 550,000 kg; 547,032 kg was delivered within that tolerance and the Haworths are liable for 55% of that amount (resulting in $8,030.43). Issues about the 14 additional loads involve factual questions about authority and acceptance and must be remitted to the District Court.