New Zealand Case Law: Decisions & Judgments

Topic

Repudiation and termination

Legal area

Court

24 Mar 2023

G K SHAW LTD v JOHN GREEN & ANOR [2023] NZHC 605

Citation

[2023] NZHC 605
Court

High Court

The first adjudicator correctly concluded he lacked jurisdiction to award common law damages under s48(1)(a) but, having been required to determine questions about rights and obligations under the contract, legitimately and properly proceeded to determine the merits under s48(1)(b); those substantive findings are binding and not rendered a nullity by an earlier jurisdictional conclusion; the second adjudicator correctly dismissed the second claim as res judicata/abuse of process; judicial review is dismissed.
15 Aug 2019

JK TRADING LTD v RIMPRO-TEC LTD (IN LIQ) [2019] NZHC 1989

Citation

[2019] NZHC 1989
Court

High Court

The court held that, on the matrix of fact and the parties' subsequent conduct, RimPro-Tec in practice controlled design and manufacture and thus bore responsibility and risk for product quality; an implied term existed that the licensed design/product would be fit for its intended purpose and of merchantable quality; RimPro-Tec breached those implied terms and therefore was not entitled to lawfully cancel the licence; judgment awarded to JK Trading for NZD 223,165.70 plus interest and costs.
3 Sept 2015

FOCUS GENETICS LTD LIMITED PARTNERSHIP v SOLDIERS TRADING LTD [2015] NZHC 2128

Citation

[2015] NZHC 2128
Court

High Court

The Court found there was a serious question to be tried and that damages would be inadequate to protect Focus' proprietary interests in breeding stock and genetic IP and to preserve its contractual purchase/option rights; the balance of convenience favoured preserving the status quo pending trial because allowing Soldiers to take over breeding and sales would risk irreversible dilution of Focus' IP value and contractual protections; accordingly an interim injunction restraining Soldiers from acting inconsistently with the GBP was granted.
5 Sept 2008

SHUTTLE PETROLEUM DISTRIBUTION LIMITED V CHEVRON NEW ZEALAND HC WN CIV 2002 485 826

Citation

openlaw-c0c77df6_cadd_4dcb_a51d_079cdb92b703.pdf
Court

High Court

By narrow margin the Court ordered a separate determination of Shuttle's proposed questions but expanded the first hearing to include quantification of damages flowing from breach of clause 11.2 up to 5 May 2001 and to allow determination of Shuttle's equitable set-off and 'benefit from own wrong' argument; Chevron's application that privilege was waived over the balance of Shuttle's spreadsheet was dismissed, but Shuttle must provide two additional columns for verification; a two-week fixture was allocated with directions and costs awarded to Shuttle on a 2B basis.

New Zealand Case Law

G K SHAW LTD v JOHN GREEN & ANOR [2023] NZHC 605

JK TRADING LTD v RIMPRO-TEC LTD (IN LIQ) [2019] NZHC 1989

FOCUS GENETICS LTD LIMITED PARTNERSHIP v SOLDIERS TRADING LTD [2015] NZHC 2128

SHUTTLE PETROLEUM DISTRIBUTION LIMITED V CHEVRON NEW ZEALAND HC WN CIV 2002 485 826