COMMERCE COMMISSION v THOMPSON  NZDC 11109 17 June 2016
Misrepresentation - Builders Guarantee - taking fee and not making application
JARDBORANIR HF T/A ICELAND DRILLING v SUMMIT HYDRAULIC SOLUTIONS  NZHC 490 22 March 2016
contract - limitation of liability - exclusion clause
Claim for loss incurred by the defendant performing substandard work. Defendant relied on terms and conditions of trade limiting its liability. The case illustrates the importance of reading a contract before signing it. The claimant was bound by the terms and conditions and the defendant's liability was limited by those terms.
ROADING & ASPHALT LTD v SOUTH WAIKATO DISTRICT COUNCIL  NZSC 18 10 March 2014
Application for leave to appeal - invitation to tender - loss of profit - tender process - preliminary contract - measure of damages
Leave to appeal denied.
SOUTH WAIKATO DISTRICT COUNCIL v ROADING & ASPHALT LTD  NZCA 566 19 November 2013
appeal - Tender process – preliminary contract creation – implied duty of treatment of tenderers – Fair Trading Act 1986 – Local Government Act 2002
Issue arose as there was a disconnect between the lowest price offered by a tenderer and the net economic benefit flowing to the Council, as a result of acceptance of a particular tender. Court of Appeal found that the Council did reserve itself the right to accept a tender other than at the lowest price offered. Appeal allowed.
SMEATON CONSTRUCTION LTD V GARRETT PASQUALE LTD  NZHC 3079 19 November 2012
appeal for damages – oral agreement – contractual responsibility – contractual remedial costs liability – sole director and shareholder personal liability - mitigation
H&H CONTRACTORS LIMITED v LEIGHTON CONTRACTORS PTY LIMITED  NZHC 2502 19 November 2012
time bar provisions - breach of contract - account of profits claim - discovery - Fair Trading Act
Held that he time bar was enforceable, the claims were made out of time and the plaintiff's claims in contract were struck out. The Fair Trading Act claim would survive. In terms of discovery, some further disclosure of financial documents ordered in order to allow quantification of loss.
GHP PILING LIMITED v LEIGHTON CONTRACTORS PTY LIMITED  NZHC 1695 13 July 2012
tender process – preliminary contract creation – Offer and acceptance – Damages calculation
In viewing the evidence as a whole and objectively, Asher J held that no concluded agreement could be discerned. No corresponding offer and acceptance could be discerned. The parties' actions did not indicate that they intended to be bound. The exchange as it was left relevant matters unresolved and unclear. Asher J concluded that GHP had failed to prove that any preliminary contract was formed.
ROADING & ASPHALT LIMITED V SOUTH WAIKATO DISTRICT COUNCIL  NZHC 1284 8 June 2012
tender process – preliminary contract creation – implied duty of treatment of tenderers – Fair Trading Act 1986 – Local Government Act 2002
Held the Council departed from its terms of tender and therefore was answerable to the plaintiff for breach of the express terms of their preliminary contract. Breach of an implied term to treat all tenderers fairly and equally. Appealed. See  NZCA 566.
CHEN v ZHONG HC AK CIV-2010-404-001995 14 November 2011
application for damages for breach of contract – oral agreement – striking out of defence – contract parties – sham – variations – assumption of responsibility – personal liability
COMMERCE COMMISSION v DAY CRI-2010-009-004417 1 September 2010
Master Build Guarantee - misrepresentation - no guarantee in existence - sentencing
EVEREST v ROBIN SCHWASS CONSTRUCTION LIMITED CIV-2005-485-849 30 November 2005
costs - Calderbank offer - opposed interlocutory application - summary judgment
In the circumstances, the Judge concluded that it was appropriate for costs to be awarded presently against the second defendant (as opposed to following full trial) on the basis the costs incurred by the plaintiffs in opposing the summary judgment application should not have been necessary. An appropriate case for increased costs approaching solicitor and client costs.
CARTER v THE AUCKLAND CITY COUNCIL CIV 2004-404-2192 14 October 2004
summary judgment - negligence - building defects - duty of care - personal liability - corporate veil - assumption of liability - Trevor Ivory Ltd v Anderson
An enquiry into whether personal liability has been assumed requires all the circumstances to be looked at. Summary judgment application failed as the application relied upon assertions that the applicant was not a developer or a project manager but that development and building work was carried out by incorporated entities and it would be a matter for trial on the basis of contested facts that the applicant's actual building work did not cause loss and that his control over the incorporated entities also did not cause loss.
ROLLS-ROYCE NEW ZEALAND LTD v CARTER HOLT HARVEY LTD  NZCA 97 23 June 2004
negligence claim against subcontractor - appeal against refusal to strike out negligence claim - basis for appeal that claim is in effect that the appellant breached a duty to perform its contractual obligations with a third party - duty of care - limitation of liability contractual clause
BELLAMY v HEGOTULE DISTRICT COURT OTAHUHU PLT NO 3511/91 1 December 1993
contract - building dispute - breach of implied terms - quantum meruit - repudiation - set off - express terms
Held that the implied terms as to work being completed in a proper and tradesmanlike manner were breached by the plaintiff, the plaintiff repudiated the contract and is able to claim on a quantum meruit basis. However, the defendant was entitled to a setoff being the cost of remedying the work and completing the contract.
J & J C ABRAMS LTD v ANCLIFFE  1 NZLR 244 3 June 1981 (CA)
negligence - whether Judge's finding of liability in negligence was justified on the evidence - economic loss
Builder claimed balance owing for work done by him on the construction of two residential units. Client counterclaimed for greater amount alleging economic loss as a consequence of the builder's negligence. Judge at first instance found the builder negligent and awarded damages on the counterclaim. Appeal dismissed.
J & J C ABRAMS LTD v ANCLIFFE  2 NZLR 420 8 June 1978 (HC)building contracts - engineers and architects - negligence - economic loss - whether builder in breach of a duty of care to owner in giving his estimate - whether builder in breach of a duty to confirm price when he knew that it would greatly exceed his estimate - mitigation of loss