New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Implied terms of contract

Legal area

Court

13 Aug 2018

E E PORTEOUS v THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA AND AMP LIFE LTD, LATITUDE FINANCIAL SERVICES LTD and MARSH LTD[2018] NZHC 2056

Citation

[2018] NZHC 2056
Court

High Court

The fifth cause of action was struck out because its gist directly and essentially concerned the employment relationship: the alleged implied term was to be implied into the employment contract, the rights asserted were derived from that contract, and therefore the claim fell within the Employment Relations Authority's exclusive jurisdiction under s 161 ERA 2000.
26 Feb 2016

CITY BROKERS BEASLEY LIMITED v MARSH LIMITED [2016] NZHC 282

Citation

[2016] NZHC 282
Court

High Court

The interim mandatory injunction was refused because City Brokers failed to establish a serious question to be tried as to ownership of the clients under the 2004 agreement given equivocal evidence and unresolved factual disputes about client origination; the balance of convenience favoured Marsh because damages were an adequate remedy (quantified and payable) and Marsh offered alternatives to release files; delay and the risk that the interlocutory order would effectively determine the substantive dispute made injunctions unjustified.