31 Jul 2006
NALDER & BIDDLE (NELSON) LTD V C & F FISHING LTD CA CA145/05
- Citation
- openlaw-4ef39ba6_c94a_4d45_8a71_387c83e93d53.pdf
- Court
- Court of Appeal
The Court held the 2001 proposal and its terms of trade were not incorporated into the refit contract and the job cards did not incorporate the limitation/exclusion clauses; accordingly NBL was not contractually protected by the NZ$75,000 cap or the exclusion of consequential loss. The arrest of the Jeanette was not wrongful because NBL had a bona fide belief the amount claimed represented its reasonably arguable best case. Claims against Mr Price personally failed because there was no basis to impose personal liability for his statements.