New Zealand Case Law: Decisions & Judgments

Topic

Interpretation of contract

Legal area

Court

9 Aug 2023

SKYCITY ENTERTAINMENT GROUP LTD v MPF PARKING NZ LTD [2023] NZHC 2116

Citation

[2023] NZHC 2116
Court

High Court

The Court declined to defer costs, held the interlocutory applications were finally determined, assessed the matter as category 2 (average complexity despite large sums at stake) and concluded SkyCity was wholly successful on the interlocutory applications, awarding costs on a category 2 band B basis with specified itemised awards and disallowing costs for the costs memorandum.
13 Feb 2023

DAVERN v QBE INSURANCE (AUSTRALIA) LTD [2023] NZHC 182

Citation

[2023] NZHC 182
Court

High Court

The Court exercised its discretion to treat the defendant's late objection as an irregularity and to consider admissibility; it upheld objections in part, ordering excision of passages in James's brief that expressed opinions on the legal meaning or contractual obligations under the 2012 RSMA and other assertions not demonstrably within his personal knowledge, while permitting contextual evidence about processes and documents in which he was personally involved to remain subject to amendment and to further scrutiny at trial.
21 Sept 2020

SHANGHAI JULIANNENG TRADING CO LIMITED v MIRAKA LIMITED [2020] NZCA 442

Citation

[2020] NZCA 442
Court

Court of Appeal

Special leave was dismissed because the High Court conducted its own independent assessment of contract interpretation so any different standard of review would not change the outcome; the contested issues are matters of contractual interpretation unsuited to a second appeal and the finality of arbitral awards outweighs the parties' interest in further litigation.
23 Nov 2018

OHA HONEY LTD PARTNERSHIP v KŌHITI LTD [2018] NZHC 3068

Citation

[2018] NZHC 3068
Court

High Court

On proper interpretation the Agreement gave the plaintiff the contractual authority to determine the number of hives up to 2,500 so as to maximise production; the defendant's immediate termination was a breach of that contract, the plaintiff demonstrated a strong arguable case and inability to relocate the hives meaning damages were not an adequate remedy, and on balance of convenience enforcement of the contract best protected the parties' interests; accordingly an interlocutory injunction was granted requiring access to place and tend the hives.
14 Mar 2016

THE CORNWALL PARK TRUST BOARD INC v CHEN [2016] NZCA 65

Citation

[2016] 2 NZLR 637
Court

Court of Appeal

Clause 13(t) was correctly interpreted to obligate an outgoing lessee who remains in possession to pay a rental calculated on the basis of the upset rent from the date of expiry while the valuation/renewal/auction processes are pending, irrespective of whether a new lease is ultimately granted; the Board was not estopped from claiming the upset rent; clause 17 negated implied statutory repair exceptions under the Property Law Act 1952; the lessee breached express repair covenants and the Board may recover reasonable cost of remediation under the prima facie Joyner v Weeks measure of damages.
30 Sept 2015

LEADING MEDIA LTD v WANG [2015] NZHC 2378

Citation

[2015] NZHC 2378
Court

High Court

Respondent awarded costs on a category 2B basis for all High Court steps except the interlocutory application for leave to file the cross-appeal out of time; a 25% uplift applied because the appellant unreasonably pursued an argument that lacked merit (despite the case not being hopeless from the outset); interlocutory application costs disallowed as the appellant did not oppose and the delay was not caused by the appellant; total costs awarded $12,188.75 plus disbursements $540.00.
30 May 2014

SAMSON CORPORATION LTD v MACRENNIE COMMERCIAL CONSTRUCTION LTD [2014] NZHC 1203

Citation

[2014] NZHC 1203
Court

High Court

The Deed's plain wording imposed guarantees covering manufacture and compliance in China and was not, on its face, limited to discharge on shipment; however the pre-contractual correspondence and draft exchange (including the drafter's covering email) established a common assumption and representation accepted by the parties that the trustees' guarantee would expire on shipment ex-China; it would be unconscionable for Macrennie to resile from that assumption; accordingly summary judgment granted for the fourth third parties and the third-party claim against them dismissed; issues as to novati…
25 Feb 2014

NO 317 LIMITED v CANTERBURY REGIONAL COUNCIL [2014] NZHC 276

Citation

[2014] NZHC 276
Court

High Court

Court granted limited tailored discovery to both parties constrained by pleadings and proportionality: plaintiff entitled to targeted documents concerning ECAN's recorded perceptions and decisions about Red Bus and Leopard limited to breaches of the same nature and within 1 June 2010–19 November 2010; defendant entitled to specified financial, management and related documents from plaintiff relevant to valuation/damages (with temporal and scope limits); further security for costs of $40,000 ordered to be paid by close of pleadings (failure to pay to result in stay except for provision of brie…
11 Sept 2012

DORCHESTER FINANCE LTD v DELOITTE SC 47/2012

Citation

SC 47/2012
Court

Supreme Court

Leave to appeal was dismissed: the principal question about the general effect of limitation clauses was not central to the case and did not need determination; on the facts Perpetual's contracting for Deloitte's services and its decision to pay the fee was a reasonable exercise of its powers and recovery under cl 6.1.3 was not reasonably arguable as opposed to the limitation point; the proposed appeal lacked general or public importance and did not risk a substantial miscarriage of justice.
8 Feb 2012

NARSHA FARMS LIMITED V JOHN CLIVE HAYWARD AND JESSIE MARY HAYWARD HC HAM CIV-2011-419-129

Citation

openlaw-ccc0a76a_0548_4339_9937_cee2ed29ecc8.pdf
Court

High Court

Application for summary judgment dismissed because there is a real and arguable factual dispute about the proper interpretation of clause 17.3 that requires resolution at trial; delay in seeking leave counted against defendants but did not override the need for trial on the merits; costs of the application reserved.