Part performance in New Zealand law
Part performance is an equitable doctrine in New Zealand law.
Cases relevant to this doctrine include:
- Young v Anderson and Others; Anderson and Others v Young and Others[1]
- Boviard v Brown[2]
- Boutique Balmoral Ltd v Retail Holdings Ltd[3]
- Ward v Metcalfe[4]
- T A Dellaca Ltd v PDL Industries Ltd[5]
- Fleming v Beevers[6]
- Mahoe Buildings Ltd v Fair Investments Ltd[7]
Mahoe Buildings Ltd v Fair Investments Ltd
[edit]| Mahoe Buildings Ltd v Fair Investments Ltd | |
|---|---|
 | |
| Court | Court of Appeal of New Zealand |
| Full case name | Mahoe Buildings Ltd v Fair Investments Ltd |
| Decided | 20 July 1993 |
| Citation | [1994] 1 NZLR 281 |
| Court membership | |
| Judges sitting | Richardson J, Hardie Boys J, Robertson J |
Mahoe Buildings Ltd v Fair Investments Ltd [1994] 1 NZLR 281 is a cited case in New Zealand regarding the doctrine of part performance.[8][9]
Background
[edit]Mahoe leased a building from Fair Investments. At the end of the four-year lease, both parties agreed orally to renew the lease. However, as such leases to be legally enforceable under the Contracts Enforcement Act 1956, they must be in writing, and not merely agreed orally. Later, one of the parties tried to get out of the lease, on the basis that it was not legally enforceable as the lease renewal was not put in writing. The other party claimed, that even though it was not put in writing, the lease was still legally enforceable due to the doctrine of part performance.
Held
[edit]The court ruled that the doctrine of part performance applied here, making the renewal of the lease legally enforceable.
References
[edit]- Suzy Franckel, "The Uncertain Doctrine of Part Performance" (2011) 42 Victoria University of Wellington Law Review 37
- Nicky Richardson, "The doctrine of part performance" in "Case and Comment" [1994] NZLJ 396. See further p 216.
- R D Mulholland, "Part performance: Back to classical theory" in "Law of contract" [1993] NZLJ 109. See further pp 360 & 361
- R D Mulholland, "Part performance and common law damages" [1991] NZLJ 211
- R D Mulholland, "The Equitable Doctrines of Estoppel and Part Performance" (1989) 7 Otago Law Review 69
- "Part Performance" [1997] NZLJ 103
- "Part Performance of Contracts concerning Land" [1978] NZLJ 33
- J F Northey and W C S Leys. "Equitable Doctrine of Part Performance". Commercial Law in New Zealand. Fifth Edition. Butterworths. Wellington. 1974. Chapter 4.5. Page 50. See pages 4, 44, 47, 50 to 53, 70, 137 and 424.
- Chris Nicoll and Colin Perkin. "The doctrine of part performance". Contract Law in New Zealand. Commerce Clearing House New Zealand. 1991. Paragraph 900 at p 124. See pages 124 to 126. Google
- Stephen Todd and Jeremy Finn. "C Equitable Doctrine of Part Performance". Contract Law in New Zealand. Fourth Edition. Wolters Kluwer. 2019. Para 94.
- J F Northey. Introduction to Company Law in New Zealand. Seventh Edition. Butterworths. 1971. Page 36.
- R D Mulholland. "Doctrine of part performance". Introduction to the New Zealand Legal System. Sixth Edition. 1985. Page 138. See also pages 94, 139, 140 and 194.
- (1994) 16 New Zealand Universities Law Review 213 and 214
- The A G Davis Essays in Law. 1965. Page 4. Google
- "Part Performance". New Zealand Recent Law Review 1994. Page 34.
- New Zealand Recent Law. 1985. pp 93 & 423. Google
- (1978) 4 New Zealand Recent Law 126 and 127 (April 1978)
- Butterworths Current Law. 1993. Pages 250, 257, 624, 927 and 928. Google
- Butterworths Current Law Digest. 2004. Page 116. Google
- James O'Donovan and John Phillips. "The Equitable Doctrine of Part Performance". The Modern Contract of Guarantee. Third Edition. LBC Information Services. 1996. Page 117.
- The Abridgement of New Zealand Case Law. Permanent Supplement (No 5) to Volumes 1 to 18. Butterworths. Wellington. 1995. Pages 215, 217, 218 and 1067. Google
- H Jenner Wily. Butterworths Cases Annotations of the New Zealand Statutes Reprint 1908-1957. Butterworth & Co (New Zealand) Ltd. 1960.Volume 1. Page 181.
- ^ [1940] NZLR 239
- ^ [1975] 2 NZLR 694
- ^ [1976] 2 NZLR 222. As to this case, see further (1976) 2 NZ Recent Law (NS) 126.
- ^ [1990] BCL 1422
- ^ [1992] 3 NZLR 88
- ^ [1994] 1 NZLR 385
- ^ [1994] 1 NZLR 281
- ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. [page needed]. ISBN 0-86472-555-8.
- ^ Gerbic, Philippa; Lawrence, Martin (2003). Understanding Commercial Law (5th ed.). LexisNexis. ISBN 0-408-71714-9.