| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 3/09 |
| Determination date | 09 January 2009 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Kenzie v Mad Johny's Forestry Company Ltd |
| Summary | BREACH OF CONTRACT – Applicant sought to invoke liquidated damages clause for breach – Parties made agreement specifying arrangement for payment of outstanding sum – Late payment occurred – Bank took responsibility and confirmed respondent initiated transaction on time – Authority found late payment due to bank’s error – Found agreement provided for non-responsibility of respondent for delays attributable to bank - Found no intention to breach – No breach – COSTS – Authority found applicant brought claim prematurely without good cause – Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Number of Pages | 3 |
| PDF File Link: | wa 3_09.pdf [pdf 14 KB] |