1 May 2018
RICHINA PACIFIC LTD & ANOR v SAMSON CORPORATION LTD [2018] NZCA 132
- Citation
- [2018] NZCA 132
- Court
- Court of Appeal
The bond was not discharged: the practical completion certificate expressly excluded the car stacker and Mainzeal had not performed all contractual obligations at the date of practical completion; the parties treated the stacker as a separable portion and agreed possession consistent with the contract or within the bond's indulgence clause, and payment of retentions pursuant to the engineer's certification did not discharge the bond.