New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Uncertainty in contract
  • 19 Dec 2022

    WASHIKITA v SMITH [2022] NZHC 3524

    Citation
    [2022] NZHC 3524
    Court
    High Court

    Summary judgment granted for plaintiff. Defendant's asserted right of first refusal was not proved and, in any event, was too uncertain and not in writing so unenforceable; invoices and claimed reimbursement lacked credibility and contemporaneous support; defendant did not have a reasonable expectation of an equitable interest to invoke a constructive trust; part performance did not apply; factual disputes were either spurious or insufficient to defeat summary judgment; balance of convenience favoured plaintiff given lengthy unpaid occupation and owners' circumstances.