CP Ltd v XL Ltd 2016 NZDT 906 (16 March 2016) [pdf, 123 KB]
...For example, CP says there was the same number of plates provided at settlement as stated on the chattels list, but staff on their first day told CP they were not the quality plates usually used in the restaurant. This has not been specifically claimed for, but I accept that it demonstrates the constraints on CP to carry out due diligence in some instances and the requirement for good faith in the performance of this, and any, contract. [18] For the above reasons, and in particular b...