28 Aug 2013
R CAMERON AND SHORTTS ENGINEERING AND PLUMBING SUPPLIES LIMITED v TELECOM NEW ZEALAND LIMITED [2013] NZHC 2203
- Citation
- [2013] NZHC 2203
- Court
- High Court
The Court struck out the pleaded causes of action based on an alleged unauthorised transfer in 2010 because contemporaneous OO&T records and the customer transfer code established Telecom acted in accordance with its contractual and statutory obligations; claims for general and aggravated damages were struck out as not tenable in the commercial context and RC&S could not claim injury to feelings; Telecom's clause 18 clearly capped liability to NZD 50,000 per event (NZD 100,000 in any 12 month period) and special damages must be limited accordingly; security for costs was ordered in the sum of…