Open Access"Frustration" in the Court of Appeal
Author(s) -
David McLauchlan
Publication year - 2013
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v44i3/4.4978
Subject(s) - appeal , law , argument (complex analysis) , obligation , high court , political science , set (abstract data type) , computer science , medicine , programming language
This article discusses the decision of the New Zealand Court of Appeal in Planet Kids Ltd v Auckland Council [2012] NZCA 562, [2013] 1 NZLR 485. The Court upheld the Council's argument that its contract with the appellants had been frustrated, and therefore it was released from the obligation to render the performance it had promised, notwithstanding that it had achieved in substance everything that it set out to achieve at the time of the contract. The author argues that the case was wrongly decided.