New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Termination and notice

Legal area

Court

25 Sept 2020

MCGRUDDY v SPOTLESS FACILITY SERVICES (NZ) LTD [2020] NZHC 2471

Citation

[2020] NZHC 2471
Court

High Court

The Court upheld the District Court's finding that the appellant, by words and consistent conduct, had represented he would not charge mileage/away allowances for out-of-area work and thereby waived or was estopped from claiming retrospective travel and allowance sums; Spotless relied to its detriment in allocating work and it would be unconscionable to allow the retrospective claim. Although Spotless failed to give the 30 days written notice in form, no compensable loss arose because the contract was a standing offer with no guaranteed work and the appellant suffered no proved expectation lo…
7 Jun 2017

TRIASTRA LIMITED v THE PROPRIETORS OF TAHAROA "C" BLOCK [2017] NZHC 1229

Citation

[2017] NZHC 1229
Court

High Court

Threshold established that there was reason to believe the plaintiff would be unable to meet an adverse costs order given its lack of realisable assets and single‑client history; balancing discretion, plaintiff's success fee claim and implied‑term case were weak enough that security for costs should be ordered but structured incrementally so as not to halt proceedings: total security fixed at NZD 32,500 with NZD 15,000 payable by 30 June 2017 and the remainder on the setting down date; costs of the application to follow the event on a 2B basis in favour of the defendant.