Glenmorgan Farm Ltd (in rec and in liq) v New Zealand Bloodstock Leasing Ltd

Case

[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

Areas of Law

  • Commercial Law

  • Contract Law

Legal Concepts

  • Contract Formation

  • Breach of Contract

  • Implied Terms

  • Specific Performance

  • Restitution

  • Account of Profits

  • Limitation Periods

  • Specific Performance

  • Restitution