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Floorman Waikato Ltd v Johnathon McRae [2016] NZDC 23770

Published 17 March 2017

Application for summary judgment — contractual dispute — District Courts Rules 2014, rr 12.1 and 12.2 — Construction Contracts Act 2002. An application for summary judgment was dismissed. The plaintiff sought payment for work provided and alleged the Construction Contracts Act applied. The Judge determined that there was a genuine dispute as to whether agreement was sufficiently reached to form a contract, and that applying the provisions of the Construction Contracts Act would cause injustice due to the amounts involved. Accordingly, the Judge recommended the parties file an application with the Disputes Tribunal. The Judge opined that invoking the Construction Contracts Act in circumstances where the claim falls within the jurisdiction of the Disputes Tribunal is inappropriate if the contract involves a layperson with no prior knowledge of the provisions of that Act. Judgment Date: 23 November 2016.

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