FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]
...of enjoyment is the purpose, or part of the purpose, of the contract3. Courts are generally more reluctant to award compensation for stress and inconvenience if the contract is commercial in nature. In this instance, NH and FN acted in their private capacity, but the nature of the contract itself – property development – is commercial in nature. I acknowledge that NH and FN did experience stress and inconvenience. Having regard to these factors I will award general compensat...