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Planet Kids Ltd v Auckland Council - [2014] 1 NZLR 149

$30.00

Supreme Court of New Zealand Wellington
SC5/2013; [2013] NZSC 147
27 June; 17 December 2013
Elias CJ, McGrath, William Young, Glazebrook and Gault JJ
Contract — Frustration — Principles — Construction of contract — Multi-factorial approach — Allocation of risk — Reasonable and objectively ascertainable expectations of parties — Partial impossibility — Whether main purpose of contract frustrated — Whether hardship required — Hardship and other means of achieving objectives as factors — Role of Contractual Remedies Act 1979.
Local government — Powers — Payment of money under contract — Whether restrictions on compensation to be paid for land acquired by agreement — Public Works Act 1981, s 62.
Public Works — Compensation — Whether restrictions on compensation to be paid for land acquired by agreement — Public Works Act 1981, s 62.

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