EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]
...for a refund (s38(1)(a)). 19. However, any right to a refund is subject to s39(4), which requires consideration to be given to the benefits obtained, the costs incurred by the other party, the value of services performed and any other relevant matters. EG did not cancel until after the event. He proceeded with the additional payment and the goods were shipped. Had the company not made the error, it would have charged more, as would, presumably, any other competitor. The loss was...