Glenmorgan Farm Ltd (in rec and in liq) v New Zealand Bloodstock Leasing Ltd
Case
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[2011] NZCA 672
•20 December 2011
Details
AGLC
Case
Decision Date
Glenmorgan Farm Ltd (in rec and in liq) v New Zealand Bloodstock Leasing Ltd [2011] NZCA 672
[2011] NZCA 672
20 December 2011
CaseChat Overview and Summary
The Court of Appeal dismissed an appeal brought by Glenmorgan Farm Ltd against New Zealand Bloodstock Leasing Ltd (Bloodstock) and others. Glenmorgan had alleged that Bloodstock had converted a stallion named Generous, that there had been a failure of consideration, and that Bloodstock had committed other wrongs. Glenmorgan sought substantial damages. The High Court had dismissed Glenmorgan's claims. Glenmorgan appealed, but only addressed the conversion claim in its submissions. The Court found that Bloodstock had a contractual right to take possession of Generous because Glenmorgan had defaulted on its obligations under the contracts. Bloodstock's actions were justified and lawful. Glenmorgan failed to prove that it suffered any loss. The appeal was dismissed and Glenmorgan ordered to pay costs.
Details
Key Legal Topics
Areas of Law
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Commercial Law
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Contract Law
Legal Concepts
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Contract Formation
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Breach of Contract
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Implied Terms
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Specific Performance
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Restitution
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Account of Profits
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Limitation Periods
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Specific Performance
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Restitution
Actions
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Citations
Glenmorgan Farm Ltd (in rec and in liq) v New Zealand Bloodstock Leasing Ltd [2011] NZCA 672
Most Recent Citation
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Cases Citing This Decision
24
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[2021] NZCA 242
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[2012] NZCA 327
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Cases Cited
2
Statutory Material Cited
0
Jenkins v New Zealand Bloodstock Leasing Ltd
[2008] NZCA 413
J S Brooksbank and Company (Australasia) Ltd v Exftx Ltd (in receivership and liquidation)
[2009] NZCA 122
Jenkins v New Zealand Bloodstock Leasing Ltd
[2008] NZCA 413