27 Jan 2021
The statutory demand was set aside because there is a reasonably arguable common mistake: both parties reasonably believed the Velide resource consents permitted the harvesting or that no further consents were required, creating a genuine dispute about Zindia's liability and the quantum such that the statutory demand procedure was inappropriate to resolve the claim.
29 Oct 2020
The claim against the manager for inducing breach was struck out because an agent acting in the course of employment cannot be liable for inducing his employer's breach absent clear pleaded and evidenced bad faith; the company's strike-out and summary judgment applications failed because plaintiffs have arguable causes of action (including an alternative works contract to install the meter and an arguable implied term as to sufficient pressure) and the contract exclusion clauses did not plainly or necessarily bar those claims; plaintiffs granted leave to amend pleadings and proceed against th…
28 May 2019
The court found a contract for supply existed on the express and implied terms and, applying BP Refinery criteria and contextual factors, implied a term that Z must take all reasonable endeavours to supply Air NZ's fuel requirements; an unqualified continuous supply obligation was not reasonable or commercially coherent in context; the court also found Z satisfied the reasonable endeavours obligation and the contracts were not frustrated.
4 Dec 2017
The court found satisfactory admissible evidence that a specific portion of the loan remained unpaid and entered judgment for $39,716.04; the plaintiff failed to provide sufficient evidence to substantiate the balance of claimed franchise and advertising levies and stock charges, and the defendants' counterclaim and factual disputes warranted further hearing and a timetable for additional evidence.
26 Apr 2017
Defendant was refused leave to file a defence out of time because it failed required gateways (insolvency and absence of satisfactory explanation), lost entitlement to appear under r31.20, plaintiff proved indebtedness by affidavit and certificate, no substantial detriment shown to defendant from liquidation and no basis for stay; therefore court ordered liquidation and appointment of a liquidator.
4 Nov 2016
Leave to file a statement of defence out of time was refused because the defendant is presumptively and in substance insolvent and therefore leave should not be granted to delay liquidation, and the defendant did not provide a satisfactory explanation for the delay; on the merits clause 10 is not an unenforceable penalty, the force majeure defence is arguable but not determinative, and the no-consideration argument is untenable.
5 May 2016
The Court held Steel Co failed to prove its standard terms were incorporated into the one‑off Esk Valley and Amethyst contracts; accordingly the exclusion and limitation clauses in those terms did not apply. Steel Co breached implied terms under s16 of the Sale of Goods Act and is liable for Pipes NZ's losses including liquidated damages because such consequential losses were within the reasonable contemplation of the parties; the appeal was dismissed.
27 Aug 2009
Oceania breached its obligation to supply accepted orders in a timely fashion for orders accepted between 30 January 2007 and 28 July 2007 and therefore is liable for direct profits lost on specific undelivered orders (orders 502, 503, 507, 509-511 and 513), but its liability for indirect or consequential losses is excluded by the contract; Oceania cannot rely on the operative 'insofar as within Oceania's control' limitation for those orders because it had knowledge of the Chinese factory difficulties by the time it accepted those orders; the contractual default interest rate (30% p.a.) is a…
1 Sept 2008
The Court held GC 9.1.6 is triggered by a reduction in NGC's legal entitlement to Maui gas following a redetermination (not limited to a purely physical incapacity) and is not a force majeure or exemption clause; accordingly NGC validly terminated the BoPE agreement. The Court further held the interim supply letters plainly required BoPE, if unsuccessful, to pay on demand the difference between the BoPE agreement price (as escalated, i.e. bundled delivered price) and $6.50 per GJ (including transmission and metering), plus contractual interest, and set aside the High Court decision upholding…
3 Aug 2007
Clause 9.1.6 was engaged by Mr Spellman's 6 February 2003 redetermination under Article 6 of the MGC; the consequential adjustment mechanism in NGC's contract (clause 4.8) reduced NGC's contractual entitlement to Maui gas and therefore reduced its ability to supply Maui gas within the meaning of clause 9.1.6. 'Ability' includes contractual entitlement and capacity not only physical deliverability at a particular snapshot in time. NGC was therefore entitled to exercise the termination right; Strawman implemented but did not create the reduction; the interim supply understanding meant BoPE woul…