'Frustration' in the Court of Appeal

David McLauchlan

Victoria University of Wellington - Faculty of Law

June 21, 2013

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.

Number of Pages in PDF File: 15

Keywords: Contract, Frustration, Implied Terms

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Date posted: June 22, 2013  

Suggested Citation

McLauchlan, David, 'Frustration' in the Court of Appeal (June 21, 2013). Available at SSRN: http://ssrn.com/abstract=2283094 or http://dx.doi.org/10.2139/ssrn.2283094

Contact Information

David McLauchlan (Contact Author)
Victoria University of Wellington - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand

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