Breaking Ground - Autumn 2021

Published on:
09 March 2021


  • Clauses set out here refer to NZS 3910:2013. Similar clauses appear in other NZS contracts.

  • For the World Health Organization's timeline of key events see here; for the New Zealand Government's timeline of New Zealand-specific events see here.

  • Overseas Tankship (UK) Ltd v The Miller Steamship Co Pty Ltd (The Wagon Mound (No 2)) [1967] 1 AC 617 (PC) at 643, adopted in New Zealand in Wilson & Horton Ltd v Attorney- General [1997] 2 NZLR 513 (CA) at 520.


  • Verissimo v Walker [2006] 1 NZLR 760 (CA).

  • Electrix Limited v The Fletcher Construction Company Limited [2020] NZHC 918. For a more complete analysis of this case, see “Assessing sums payable in the absence of a contract: Electrix Limited v The Fletcher Construction Company Limited” by Michael Taylor, Joanna Trezise and Belinda Green, accessible here.

  • This is the usual inference in the case of the sale and purchase of land [Smada Group Ltd v Miro Farms Ltd [2007] NZCA 568], an inference reinforced by the Property Law Act 2007 requirement for such an agreement to be recorded in writing in order to be enforceable (Property Law Act 2007, s 24). The inference may also be applied when parties are negotiating a complex business transaction involving large sums of money [Concorde Enterprises Ltd v Anthony Motors (Hutt) Ltd [1981] 2 NZLR 385 (CA)].

  • Croser v Focus Genetics Limited Partnership (2548500) [2020] NZCA 367.

  • Construction Contracts Act 2002, s 48(5)(a).

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