19 Dec 2018
GREEN v CARR [2018] NZHC 3408
- Citation
- [2018] NZHC 3408
- Court
- High Court
The Court held the respondent was not contractually required to follow the schematic Option 2 line exactly and, in any event, the roadway as constructed complied with the contractual specifications (width and gradient). The construction of the roadway was not a condition precedent to the separate payment obligation for fencing; alternatively the appellant is estopped from withholding payment because she (through her agent) accepted and relied on the as-built roadway. Therefore the appellant's appeal fails and the respondent is entitled to the $12,500 and costs.