15 Mar 2017
SPITERI AND SPITERI v RCR INFRASTRUCTURE (NEW ZEALAND) LIMITED [2017] NZHC 438 [14 March 2017]
- Citation
- [2017] NZHC 438
- Court
- High Court
The court held breach occurred no earlier than 10 April 2009 when the boiler became operable and the complete installation exposed the system's failures; the Limitation Act defence failed because accrual was not before that date; clause 8 of the defendant's terms of trade was not incorporated (page two was not provided/initialled and clause was onerous and not fairly brought to notice) so exclusion/limitation did not apply; the appropriate measure of damages was cost of cure to restore the plaintiffs to the contractual position, less a reasonable deduction to avoid gratuitous betterment, and…