About Image Limited v Advaro Limited

Case

[2019] NZCA 337

26 July 2019


Details
AGLC Case Decision Date
About Image Limited v Advaro Limited [2019] NZCA 337 [2019] NZCA 337 26 July 2019

CaseChat Overview and Summary

The Court of Appeal dismissed the appeals brought by About Image Limited and other appellants against Advaro Limited and Advaro Funding Limited. The appellants were customers of Intagr8 Ltd, a telecommunications services provider, which sold them a package deal involving equipment rental, telecommunications services, and credits. Intagr8 went into liquidation, leaving the appellants with obligations under their rental agreements with Advaro. The appellants sought refunds and argued that the arrangements with Intagr8 and Advaro were either a single tripartite contract or created a misleading impression. The Court found that the Master Rental Agreement (MRA) stood alone and did not form a single contract with Intagr8’s services and credits. The court also held that Intagr8 might have acted as Advaro’s agent, but this did not affect the outcome of the appeal. The Court of Appeal upheld the High Court's decision, dismissing the appeals and the cross-appeal, and costs were to lie where they fell.
Details

Areas of Law

  • Commercial Law

  • Contract Law

Legal Concepts

  • Contract Formation

  • Misrepresentation

  • Breach of Contract

  • Compensatory Damages

  • Agency

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

0

Arnold v Britton & Ors [2015] UKSC 36
About Image Ltd v Advaro Ltd [2017] NZHC 3264