LC Fowler & Sons Ltd v Stephens College Board of Governors - [1991] 3 NZLR 304

Contract — Agency — Overseas school tour arranged through services of travel agent — Funds paid by school to travel agent — United Kingdom tour organiser (tour organiser) unpaid — Misappropriation by travel agent — Tour organiser obtained judgment by default against travel agent — Judgment not satisfied — Tour organiser sued school — Whether travel agent agent of school or tour organiser — Whether contract between school and tour organiser — Whether tour organiser estopped by doctrines of election and merger — Whether tour organiser estopped by failure to advise school that moneys had not been paid prior to tour departure from New Zealand.

Equity — Equitable defences — Election or merger — Estoppel — Overseas school tour arranged through services of travel agent — Funds paid by school to travel agent — United Kingdom tour organiser (tour organiser) unpaid — Misappropriation by travel agent — Tour organiser obtained judgment by default against travel agent — Judgment not satisfied — Tour organiser sued school — Whether tour organiser estopped by doctrines of election and merger — Whether tour organiser estopped by failure to advise school that moneys had not been paid prior to tour departure from New Zealand — Judicature Act 1908, s 94.