New Zealand Case Law: Decisions & Judgments

Topic

Implied contractual term

Legal area

Court

7 May 2020

BRADFIELDS LTD v BROOKWATER INVESTMENTS LTD [2020] NZHC 935

Citation

[2020] NZHC 935
Court

High Court

Vendor Brookwater breached express warranty in clause 6.1 by failing to disclose known regulatory registration requirements; vendor and director Bradfield made actionable misrepresentations and engaged in misleading or deceptive conduct under s9 FTA and are personally liable; purchaser solicitors Malley & Co breached their retainer and were negligent in failing to advise and pursue legal due diligence; plaintiffs mitigated inadequately post-notification and bore 50% contributory responsibility; damages assessed on diminution in value plus recoverable wasted costs, apportioned equally between…
30 Apr 2019

TRENDS PUBLISHING INTERNATIONAL LIMITED v CALLAGHAN INNOVATION [2019] NZHC 907

Citation

[2019] NZHC 907
Court

High Court

Callaghan was entitled to suspend and ultimately to terminate the Funding Agreement. Callaghan properly initiated an audit under clause 5, complied with procedural requirements, and reasonably relied on Deloitte's investigation. The evidence established Trends failed to keep adequate records, provided inaccurate or misleading information and claimed expenditure that was not proven to be Eligible R&D Expenditure. Those failures breached clauses 5.1, 10.4(b) and 10.4(c) giving Callaghan lawful grounds to terminate; Callaghan's public statements were within its contractual and statutory context.…
21 Mar 2017

THOMPSON & Anor v DD CONSTRUCTION LIMITED & Ors [2017] NZHC 516

Citation

[2017] NZHC 516
Court

High Court

Summary judgment against the plaintiffs on the FTA and related causes of action could not be entered because there was a real issue whether the director honestly and reasonably held the $350,000/18 week estimates and plaintiffs had arguable grounds that discovery and expert evidence could rebut defendants' assertions; however the claim against the solicitor/firm under s164A LTA was not arguable as no private right of action was established and the certificate was intended for the Registrar, so summary judgment was granted for the third defendant on that cause of action.

New Zealand Case Law

BRADFIELDS LTD v BROOKWATER INVESTMENTS LTD [2020] NZHC 935

TRENDS PUBLISHING INTERNATIONAL LIMITED v CALLAGHAN INNOVATION [2019] NZHC 907

THOMPSON & Anor v DD CONSTRUCTION LIMITED & Ors [2017] NZHC 516