23 Aug 2023
KINGSBEER TRANSPORT LTD v MARTIN BROWER NEW ZEALAND [2023] NZCA 385
- Citation
- [2023] NZCA 385
- Court
- Court of Appeal
The Court of Appeal allowed the appeal, holding that a binding five‑year contract for the Additional BOP Runs was formed by 29 January 2018, that Mr Millin had ostensible authority to bind MBNZ, that the contract included an express five‑year term plus an express agreement that MBNZ would meet short‑term costs (capped at $50,000) pending provision of a written contract, and an implied term that the written contract be provided within a reasonable time (no later than four months from the start date); MBNZ breached those obligations by failing to provide the contract within that time and by del…
- Formation of partly written/partly oral contract
- Breach and repudiation
- Implied terms
- Ostensible authority
- Estoppel
- Mitigation