New Zealand Case Law: Decisions & Judgments

Topic

Remittal for quantum

Legal area

Court

23 Aug 2023

KINGSBEER TRANSPORT LTD v MARTIN BROWER NEW ZEALAND [2023] NZCA 385

Citation

[2023] NZCA 385
Court

Court of Appeal

The Court of Appeal allowed the appeal, holding that a binding five‑year contract for the Additional BOP Runs was formed by 29 January 2018, that Mr Millin had ostensible authority to bind MBNZ, that the contract included an express five‑year term plus an express agreement that MBNZ would meet short‑term costs (capped at $50,000) pending provision of a written contract, and an implied term that the written contract be provided within a reasonable time (no later than four months from the start date); MBNZ breached those obligations by failing to provide the contract within that time and by del…
26 May 2017

ORAKA TECHNOLOGIES LIMITED v NAPIER TOOL & DIE CO LIMITED [2017] NZSC 79

Citation

[2017] NZSC 79
Court

Supreme Court

The Court exercised its power to award costs on abandonment but declined indemnity costs because respondents did not establish exceptional circumstances; a modest award was appropriate given respondents had begun preparing submissions though not ultimately required to file them.
28 Nov 2016

NAPIER TOOL & DIE LTD v ORAKA TECHNOLOGIES LTD [2016] NZCA 554

Citation

[2016] NZCA 554
Court

Court of Appeal

The Court of Appeal held the High Court erred in awarding compensatory damages to the copyright owner for losses that were those of a separate legal entity (Oraka Graders Ltd). The exceptions relied upon did not apply. The $4.1m judgment was set aside and the matter remitted for assessment of quantum on the basis of a notional licence fee payable for each infringing use during the infringement period; claimant cannot recover third-party losses absent accountability or a recognised legal basis.
21 Nov 2016

KUNG v FITTON [2016] NZHC 2775

Citation

[2016] NZHC 2775
Court

High Court

The High Court allowed the appeal in part because the District Court judge erred by over-relying on an accountant's affidavit beyond the limited admissible purpose given the maker was unavailable and the affidavit was incomplete and out of date, made an arithmetical error in computing net entitlement, and misapplied burden principles; key legal conclusions were that the deed did not extend to the later unadvised $20,200 loan, and specific set-offs were identified (buffer $13,871.22; half the surplus $8,257.31; payments $29,556.86), but final quantum must be remitted to the District Court for…
9 Mar 2012

SINGH & ANOR V RUTHERFORD & ANOR HC AK CIV 2011-404-005865

Citation

openlaw-d3d6d10a_181e_4c25_b450_c6c20f2b00f0.pdf
Court

High Court

The appeal is allowed: an express contractual warranty cannot be defeated merely by a purchaser's limited or inadequately conducted due diligence where the due diligence clause was for the purchaser's benefit and could be waived and where the specific condition clause did not expressly require verification of the warranted matter; contributory negligence was not available where negligence was not pleaded; the matter is remitted to the District Court to determine causation and quantum of damages flowing from the breach of warranty.

New Zealand Case Law

KINGSBEER TRANSPORT LTD v MARTIN BROWER NEW ZEALAND [2023] NZCA 385

ORAKA TECHNOLOGIES LIMITED v NAPIER TOOL & DIE CO LIMITED [2017] NZSC 79

NAPIER TOOL & DIE LTD v ORAKA TECHNOLOGIES LTD [2016] NZCA 554

KUNG v FITTON [2016] NZHC 2775

SINGH & ANOR V RUTHERFORD & ANOR HC AK CIV 2011-404-005865