21 Oct 2011
MJN MCNAUGHTON LTD v THODE HC AK CIV-2011-404-001590
- Citation
- openlaw-e34f225e_db1a_48e0_9bbe_9f5b014327c9.pdf
- Court
- High Court
On the evidence taken as a whole (prior course of dealing, incorporation of terms of trade, possession of plans and quote, request to measure on site by Nikau's foreman, manufacture, delivery and retention without rejection) a court could infer formation of a contract between the appellant and Nikau; however outstanding legal issues remain as to applicable statutory regime, whether ownership passed and whether the guarantee covers the available remedy, so the judgment is interim and the parties are granted leave to file further submissions.