15 Mar 2017
POWER FARMING NZ LTD v MCCAW CONTRACTING LTD [2017] NZHC 441
- Citation
- [2017] NZHC 441
- Court
- High Court
No binding lease had been formed because essential terms and written paperwork were required and McCaw had not authorized surrender of possession; the bailment therefore continued and Power Farming breached its obligations by releasing the tractor without authority or notification, and that breach caused the loss because the tractor would not have been operated by the third party and caught fire but for that unauthorised transfer; appeal dismissed.