1 Aug 2006
WHANGAPOUA PROPERTIES LTD & ORS V WHITIANGA EXCAVATORS LTD CA CA136/05
- Citation
- openlaw-d7366271_100e_422d_add9_2343111968c8.pdf
- Court
- Court of Appeal
The Court allowed the appeal because Whitianga failed to plead and prove which appellant(s) contracted with it and failed to establish that Mr Currie had authority (actual or ostensible) to bind the corporate appellants or Mrs Currie except possibly by a later part payment; the High Court erred in awarding a global judgment without determining the nature of agency and identifying contracting principals, so the judgment is set aside and the matter remitted for retrial.