New Zealand Case Law: Decisions & Judgments | LexChat

Topic

No oral variation clause

Legal area

Court

15 Oct 2019

ECOLIBRIUM BIOLOGICALS LIMITED v BIOTELLIGA HOLDINGS LIMITED [2019] NZHC 2628

Citation

[2019] NZHC 2628
Court

High Court

Ecolibrium failed to provide clear and persuasive evidence of an enforceable oral variation or set-off; in the face of clear no set-off, entire agreement and no oral variation clauses the threshold for setting aside the statutory demand under s 290 was not met; application dismissed and statutory demand enforced.
20 Dec 2012

STEVENS V ASB BANK LTD COA CA806/2011

Citation

COA CA806/2011
Court

Court of Appeal

Associate Judge Doogue correctly granted summary judgment for ASB on its claim because the appellant's alleged oral agreement, representation and implied term were unsupported by contemporaneous documents and were excluded by express contractual clauses (no-variation and free-and-clear); the mortgagee sale complied with s176 PLA; the same material established the appellant's counterclaim had no real prospect of success and summary judgment should have been entered for the respondent on the counterclaim.