New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Mutual mistake

Legal area

Court

19 Oct 2011

AUCKLAND CITY COUNCIL V EFFUZI (INTERNATIONAL) LIMITED HC AK CIV-2009-404-6044

Citation

openlaw-09ea120e_0e5d_447b_9a50_54a96f07e1ac.pdf
Court

High Court

The Court held there was no prospect of imposing a duty of care in tort independent of the comprehensive commercial contract between experienced parties and, in any event, the plaintiff's negligence claim was time-barred because measurable loss arose on completion around 2000; the negligence cause of action was struck out. The plaintiff's claim for relief for mutual mistake under s6 of the Contractual Mistakes Act 1977 was sufficiently arguable and not struck out.
18 Feb 2011

NEVILLE HOLDINGS LIMITED V MICHAEL CHAN HC AK CIV-2009-404-002132

Citation

openlaw-16a566ab_cc66_49d5_9984_521cac4d9d73.pdf
Court

High Court

The court declined to inspect the post-12 November 2008 documents and refused to set aside privilege because the communications post-dated the relevant contractual period and litigation had been contemplated, the privileged communications appeared to be routine legal advice with no indicia of improper claim, there was no basis to order further or non-party discovery of the former solicitor's file given disclosed copies and asserted destruction, and the valuation had already been informally disclosed so no particular discovery was justified; accordingly the application for setting aside privil…