12 Jun 2014
EXTERIOR BUILDING CARE GOLEMAN LIMITED v AFO INDUSTRIAL LIMITED (IN LIQUIDATION) (FORMERLY CALLED AIR FLUID OTAGO LIMITED) [2014] NZHC 1322
- Citation
- [2014] NZHC 1322
- Court
- High Court
Uncontradicted expert and factual evidence established the wagon drills, grout pumps and SDA system were structurally and functionally unfit for the contracted purpose and not of merchantable quality; time for delivery of SDAs was essential; Goleman validly repudiated and rejected the goods and is entitled to refund of amounts paid and prescribed interest; AFO's counterclaims fail because the goods/hire were defective and consideration failed.