NORMAN WILLIAM JACK AND JUDITH ANN JACK AND MURRAY CLIVE GUY

The appeal was brought by Norman William Jack and Judith Ann Jack (appellants) against Murray Clive Guy (respondent). The appellants sought to appeal against a decision made by Durie J that there had been no breach of contract. The appellants alleged that the respondent had breached the contract by failing to harvest the trees and pay for them, as he had agreed to do. The Court of Appeal dismissed the appeal and held that there had been no breach of contract. The nature of the dispute was the existence and breach of a contract between the appellants and the respondent for the sale of pine trees. The Court of Appeal held that the agreement was an agency agreement rather than a sale and purchase agreement. As such, the respondent was not in breach of contract when he cancelled the agreement. The appellants' liability for costs was joint and several. The appellants were ordered to pay costs of $6,000 to the respondent.