Forthright Ltd v Remediation NZ Ltd [2018] NZDC 14451

Published 06 September 2019

Contractual dispute — unpaid invoices — legal costs — collections. The plaintiff sought payment from the defendant for alleged transport costs, interest on outstanding invoices, and associated legal costs. There were multiple invoices raised as part of the claims, with differing matters at issue. The plaintiff claimed transport costs and interest relating to the delivery of fertiliser sold to the defendant (invoice 448). A later invoice (invoice 445) concerned alleged deliveries made to the defendant; the defendant denied the deliveries took place. The Judge determined that there was no consensus between the parties regarding invoice 448. However, the Judge did conclude that on the balance of probabilities, the deliveries denied in invoice 445 by the defendant had taken place. The Judge ordered reduced legal costs to be paid to the plaintiff; interest could be recovered on invoice 445 at 5 percent per annum, as the defendant had enjoyed benefit of the product, regardless of whether the defendant realised it. The defendant was ordered to pay $21,850 under invoice 445, interest and $3000 in associated legal costs. A further $7,197.08 was ordered for an outstanding invoice, invoice 462. The plaintiff's further claims were dismissed. Judgment Date: 16 July 2018.