GENERAL NZ JUDGMENTS

2016 - 2015 - 2014 - 2013 - 2012 - 2011 - 2010 - 2009 - 2008 - 2007 - 2006 - 2005
 

2016

JARDBORANIR HF T/A ICELAND DRILLING v SUMMIT HYDRAULIC SOLUTIONS [2016] 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.

2005


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.
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