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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Power of court to grant relief

45: Matters court must have regard to

You could also call this:

“Things the court thinks about when making decisions about contracts”

When a court thinks about making an order under section 43, and what that order should say, they need to look at several things. You need to understand that the court will think about the actual words in the contract. They will also look at how much each person involved in the contract could do what they promised. The court will consider how much money anyone spent trying to do what the contract said. They will think about how much the work or services that someone did as part of the contract are worth. The court will also look at whether anyone got something good because of what someone else did for the contract. Lastly, the court can think about any other things they believe are important when making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844117.

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Part 2 Contracts legislation
Contractual remedies: Power of court to grant relief

45Matters court must have regard to

  1. In considering whether to make an order under section 43, and in considering the terms of any order, the court must have regard to—

  2. the terms of the contract; and
    1. the extent to which any party to the contract was or would have been able to perform it in whole or in part; and
      1. any expenditure incurred by a party in, or for the purpose of, performing the contract; and
        1. the value, in the court’s opinion, of any work or services performed by a party in, or for the purpose of, performing the contract; and
          1. any benefit or advantage obtained by a party because of anything done by another party in, or for the purpose of, performing the contract; and
            1. any other matters that the court thinks proper.

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