Beneficial Finance Limited v Brown

Judgment Date12 May 2017
Neutral Citation[2017] NZHC 964
Date12 May 2017
CourtHigh Court
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4 cases
  • Heartland Bank Limited v Mahoney
    • New Zealand
    • High Court
    • 10 June 2021
    ...NZSC 121, [2015] 1 NZLR 281 at [112] — the minority (Elias CJ and McGrath J) did not address the issue. Beneficial Finance Ltd v Brown [2017] NZHC 964. Conqueror International Ltd v Mach’s Gladiator Ltd [2018] NZHC 265, [2019] NZCCLR 7 at Bathurst Resources Ltd,15 Gloria Jean’s Coffees Inte......
  • Forest Holdings (nz) Limited v Sheung
    • New Zealand
    • Court of Appeal
    • 17 November 2021
    ...At [36]. Savvy Vineyards 3552 Ltd v Karaka Estate Ltd [2014] NZSC 121, [2015] 1 NZLR 281 at [112]; and Beneficial Finance Ltd v Brown [2017] NZHC 964 at [70]–[77]. Cf in England where such clauses may have greater prohibitory effect: MWB Business Exchange Centres Ltd v Rock Advertising Ltd ......
  • Conqueror International Ltd v Mach’s Gladiator Ltd
    • New Zealand
    • High Court
    • 27 February 2018
    ...(5th ed, Lexis Nexis, Wellington 2016) at 747. Bell v BDO Spicers Manawatu Ltd [2012] NZHC 1598 at [46]. Beneficial Finance Ltd v Brown [2017] NZHC 964 at Beneficial Finance Ltd v Brown, above n 3 at [77]. [42] Clause 20.4 of the ASP is an important feature of the factual matrix in this cas......
  • Paul v Jade Residential Limited
    • New Zealand
    • High Court
    • 1 March 2019
    ...some relining work to remedy the defect with the showers. The Pauls still refused to pay. 12 Beneficial Finance Limited v Brown [2017] NZHC 964 at The “lined” milestone is defined as “the date when the linings have been completed”. Clause 5 of the contract defines the building works as “The......

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