New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Waiver by conduct

Legal area

Court

18 Mar 2020

Y&P NZ LIMITED v YANG WANG AND CHEN ZHANG [2020] NZSC 21

Citation

[2020] NZSC 21
Court

Supreme Court

Leave to appeal was refused because the issues were fact-specific, of limited public or commercial importance and had low prospects of success given that Inland Revenue retrospectively deemed the purchasers GST-registered and the GST treatment is governed by statute at the time of settlement; as a result, the vendor's case could not overcome the statutory and factual obstacles and leave was not justified.
15 Apr 2013

OVERTON HOLDINGS LIMITED V APN NEW ZEALAND LIMITED HC WN CIV-2012-485-2702

Citation

openlaw-1c52ec8f_37e8_43b8_b5ef_8c2a62f2870d.pdf
Court

High Court

The Court found the alleged misrepresentations were received by the purchaser's agent Mr Rockefeller (based outside Wellington) and were made/originate away from Wellington, repudiation and contractual performance issues are attributable to APN in Auckland, no deemed waiver arose given the transfer application was filed close to contemporaneously with the defence, and convenience did not favour Wellington; therefore a material part of the cause of action did not arise in Wellington and the proper registry is Auckland, warranting transfer under r 5.1(4).