Supreme Court of New Zealand Wellington
SC44/2013; [2014] NZSC 121
13 February; 5 September 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
SC44/2013; [2014] NZSC 121
13 February; 5 September 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
Contract — Novation — Transfer of rights and obligations by “deed of assignment” — Provision in contract for rights and obligations to be “assigned” — Deeds not signed or returned by other parties — Other parties paid invoices to and dealt with “assignee” — Whether novation accepted by conduct — Whether “assignor” still party to agreements — Observation on s 11 of the Contractual Remedies Act 1979.
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