2 May 2017
SERVICE PAINTING & BUILDING CO PTY LIMITED v PACIFIC INTERNATIONAL HOTEL MANAGEMENT SCHOOL LIMITED [2017] NZHC 850
- Citation
- [2017] NZHC 850
- Court
- High Court
Summary judgment granted to SPB for net NZD 118,646.80 plus statutory interest; the court held clause 3's reference to 'fundamental breach' did not extinguish accrued payment obligations, clause 6 operated to preserve recovery of amounts paid, due or becoming due despite cancellation, the School had affirmed the contract by conduct and delay so its purported early termination was ineffective, the School was entitled only to a limited arguable set-off for defective or missed maintenance work ($13,800 allowed), and remaining disputed issues proceed to trial.