Dysart Timbers Ltd v Nielsen

JurisdictionNew Zealand
Year2009
Date2009
CourtSupreme Court
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54 cases
  • Bathurst Resources Ltd and another v L & M Coal Holdings Ltd
    • New Zealand
    • Supreme Court
    • 14 July 2021
    ...At [25]. 109 See generally McLauchlan, above n 102, for a discussion of these views. 110 Dysart Timbers Ltd v Nielsen [2009] NZSC 43, [2009] 3 NZLR 160 at [25], n 12 per Tipping and Wilson JJ and [62] and [64], n 43 per McGrath 111 Mobil Oil New Zealand Ltd v Development Auckland Ltd [2016......
  • Planet Kids Ltd v Auckland Council
    • New Zealand
    • Supreme Court
    • 17 December 2013
    ...Statutes Review (NZLC R25, 1993) 275 at 277. 36 Treitel, above n 32, at [2–036]; and Dysart Timbers Ltd v Nielsen [2009] NZSC 43, [2009] 3 NZLR 160 at [32] per Tipping and Wilson JJ and at [59] per McGrath 37 Hirji Mulji v Cheong Yue Steamship Co Ltd [1926] AC 497 (PC) at 505. See also Tre......
  • Burgess v Monk
    • New Zealand
    • High Court
    • 20 December 2017
    ...v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2015] UKSC 72, [2016] AC 742. See Nielsen v Dysart Timbers Ltd [2009] NZSC 43, [2009] 3 NZLR 160 at para [25] per Tipping and Wilson JJ and at paras [62] and [64] per McGrath J. That approach was adopted by the Court of Appeal in Hick......
  • Air New Zealand Ltd v BP Oil New Zealand Ltd and Others
    • New Zealand
    • High Court
    • 28 May 2019
    ...Belize Telecom Ltd [2009] UKPC 10, [2009] 2 All ER 1127, [2009] 1 WLR 1988 at [27]. 18 Dysart Timbers Ltd v Nielsen [2009] NZSC 43, [2009] 3 NZLR 160 at [25] and 19 Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2015] UKSC 72, [2016] AC 742. 20 Mobil Oil N......
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2 books & journal articles
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2015, December 2015
    • 1 December 2015
    ...the same condition as it was at the time of the offer, failing which the offer lapses), or Dysart Timbers Ltd v Roderick William Nielsen[2009] 3 NZLR 160 (‘Dysart Timbers’) (which had required the change in circumstances to be fundamental before the associated offer could be said to have la......
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2011, December 2011
    • 1 December 2011
    ...same condition as it was at the time of the offer, failing which the offer lapses), or Dysart Timbers Limited v Roderick William Nielsen[2009] 3 NZLR 160 (Dysart Timbers) (which had required the change in circumstances to be fundamental before the associated offer could be said to have laps......

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