New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of contract clauses

Legal area

Court

15 Dec 2022

MULTIMEDIA COMMUNICATIONS LTD v ENABLE SERVICES LTD [2022] NZHC 3452

Citation

[2022] NZHC 3452
Court

High Court

Leave to appeal was refused because, on a preliminary assessment, MMC did not demonstrate a strongly or very strongly arguable error of law by the arbitrator; clause 15.1 and 15.5 were clear and unambiguous commercial allocations of risk drafted to cap all claims arising under or in connection with the agreement at $500,000 (subject to express exceptions), and the arbitrator's interpretation that Fair Trading Act claims were captured by the limitation was open to him and not plainly wrong; other discretionary factors (arbitrator's qualifications, parties' choice to arbitrate, one-off nature)…
10 Aug 2012

GOUNDEN v LOVEGROVE REALTY LTD HC AK CIV-2012-404-001414

Citation

openlaw-b1d55ebb_d386_4a4c_aea7_60d20743d76e.pdf
Court

High Court

Clause 10 did not impose personal liability on Mr Gounden: the property was owned by a limited liability company when the listing authority was executed, the trust limb of clause 10 applies only where a trustee executes the agreement, and a director who did not sign the authority cannot be made personally liable under that clause; accordingly Lovegrove cannot recover its commission from Mr Gounden under the listing authority.