| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 183/08 |
| Hearing date | 25 Nov 2008 - 27 Nov 2008 (2 days) |
| Determination date | 04 December 2008 |
| Member | J Crichton |
| Representation | M du Buisson (in person), J du Buisson (in person) ; B McKerchar |
| Location | Ashburton;Christchurch |
| Parties | du Buisson and Anor v McKerchar Investments Ltd |
| Other Parties | du Buisson |
| Summary | BREACH OF CONTRACT – Applicants claimed respondent breached mediated settlement – Respondent argued obligations met – Record of settlement required respondent to “provide beef as agreed” but no further provision for exactly what beef was agreed, or timeframe – Respondent provided beef of lesser quantity and quality than applicants expected – Applicants sought balance of difference – Authority found providing cull cow, not young beef animal, was dairy industry practice - Found parties intended on providing cull cow – Found no agreement about weight of animal, but quantity of meat below applicants’ reasonable expectations – Found $200 appropriate to make up balance of what actually received and what would reasonably be expected from average cull cow – Costs to lie where they fall |
| Result | Application granted ; Damages ($200)(quantified difference for breach of contract) ; Costs to lie where they fall |
| Main Category | Breach of Contract |
| Number of Pages | 6 |
| PDF File Link: | ca 183_08.pdf [pdf 23 KB] |