27 May 2021
KAUAPEPE FOREST LIMITED v SCOTT [2021] NZHC 1215
- Citation
- [2021] NZHC 1215
- Court
- High Court
The court found that the defendant, by words and conduct through his solicitor, either misrepresented or breached an implied contractual term to provide a valid registrable extension of the forestry right within a reasonable time; the arbitral award did not decide the extension issue and res judicata/estoppel defences failed; KFL was entitled to damages measured by the present value of the replanted trees because that measure reflects the actual benefit retained by the landowner and avoids double recovery; damages were assessed at NZD 162,065.