New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interest on debts

Legal area

Court

27 Nov 2014

WATSON & ORS v WHITEHEAD & ORS [2014] NZHC 2992

Citation

[2014] NZHC 2992
Court

High Court

The written October 2010 and November 2011 agreements, read in their context and having regard to subsequent conduct, established that JRWT owned the 2011 honey and the agreements did not entitle Salem/WSL to offset hive purchase prices against honey or rental. WSL and Mr Watson are liable for unpaid honey invoices under the sale agreements; JRWT breached hire agreements by failing to pay deferred rental and is liable to pay rental and interest where appropriate; Shiloh failed to mitigate resale losses and cannot recover the claimed resale shortfall but is liable for damages for 180 defective…
24 Jul 2003

SIMON ANTHONY HOLDGATE V ANDREW NICHOLAS HOLDGATE And Anor CA CA166/02

Citation

openlaw-b59d74aa_bba6_42ec_9c4e_93c1921625e7.pdf
Court

Court of Appeal

Indebtedness between partners for the purpose of attracting interest under the mortgage requires final dissolution accounts to fix a liquidated sum unless taking an account would serve no useful purpose; on these facts further accounting would have served a useful purpose (notably later adjustments increased the claimed sum materially), so no indebtedness arose prior to adjudication and interest did not run—appeal dismissed.