New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Demand guarantee

Legal area

Court

11 Sept 2014

QUAY PARK ARENA MANAGEMENT LIMITED v GREAT LAKES REINSURANCE (UK) PLC [2014] NZHC 2204

Citation

[2014] NZHC 2204
Court

High Court

The bond's language made the defendant's obligation unconditional subject only to a valid engineer's certificate; DVS2 did not impliedly eliminate the bond issuer's liability or bar the principal from demanding on the bond; however the defendant raised an arguable defence that the engineer's certificate may have gone beyond the scope of his contractually permitted certification (including items not part of the bonded subject) or been given without proper exercise of discretion, so summary judgment was inappropriate.
27 Jun 2014

KAVO DENTAL v GENERAL EQUITY BUILDING SOCIETY [2014] NZHC 1470

Citation

[2014] NZHC 1470
Court

High Court

Summary judgment refused because genuine issues of construction and of whether an implied term is necessary remain in dispute; conflicting expert evidence and lack of sufficient commercial practice evidence left doubt as to interpretation and whether GE acted unreasonably, so plaintiff failed to show defendant had no defence on summary judgment.