IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CIV-2018-441-29
[2019] NZHC 1484
BETWEEN JADE RESIDENTIAL LIMITED
Applicant
AND
MURRAY PAUL AND MAREE PAUL
Respondents
Hearing: 9 May 2019 Appearances:
M Lawson for Applicant
K A Lomas for Respondent
Judgment:
27 June 2019
JUDGMENT OF GRICE J
[1] Jade Residential Limited (Jade) seeks leave to appeal to the Court of Appeal from the decision in Paul v Jade Residential Limited.1 That was an appeal from a decision of the District Court.2 Therefore an appeal to the Court of Appeal is a second appeal for which leave is required.
Background
[2]The background facts were set out in my original decision as follows:3
[1] In the District Court, Jade Residential Limited (the original plaintiff and the respondent here) obtained judgment against Mr and Mrs Paul (the original defendants and the appellants in this court) for a sum to be fixed at a subsequent hearing.
[2] The judgment concerned work Jade had done in the construction of the Pauls’ house in Havelock North. The house was finally completed after
1 Paul v Jade Residential Limited [2019] NZHC 304.
2 Jade Residential Limited v Paul [2018] NZDC 5673.
3 Paul v Jade Residential Limited, above n 1 (footnotes omitted).
JADE RESIDENTIAL LIMITED v PAUL [2019] NZHC 1484 [27 June 2019]
the Pauls purported to cancel the construction contract with Jade. The cancellation was precipitated by Jade ceasing to work on the job before the house was completed. Jade did so because the Pauls had not paid two milestone payments which Jade said were due.
[3] Jade made a claim for payment of the two milestone payments. The Pauls lodged a counterclaim for damages for the cost they had incurred to complete the house.
[4]Both parties now appeal against the District Court decision.
[3]I summarised the District Court’s findings as follows:4
(a)The Pauls could not lawfully cancel the contract because they had refused to go to dispute resolution and the contract contained a clause requiring the parties to go to mediation in the event of a dispute.
(b)Jade had not completed the contractual milestones. These were called the “closed-in” milestone and “lined” milestone. The milestones required completion before specified payments were due for each milestone.
(c)Failure to complete the milestones meant that there was no obligation on the Pauls to meet any progress payment at the time the accounts were rendered by The Judge found that while the Pauls unlawfully cancelled the contract, Jade was not “without fault”.
[6] Jade could not rely on the contractual milestone payments of $134,513 and $57,576—the amounts contained in the statement of claim—as the milestones had not been completed. The Judge concluded the most appropriate outcome would be for the Pauls to pay Jade for the actual work done, rather than the milestones. The Judge was of the view that Jade had not established exactly how much was owing to it for the work done. However, no evidence…
Keep reading for free
Create a free CaseChat account to read Jade Residential Limited v Paul and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] NZHC 1484
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.