Download this Paper Open PDF in Browser

'Frustration' in the Court of Appeal

15 Pages Posted: 22 Jun 2013  

David McLauchlan

Victoria University of Wellington - Faculty of Law

Date Written: 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.

Keywords: Contract, Frustration, Implied Terms

Suggested Citation

McLauchlan, David, 'Frustration' in the Court of Appeal (June 21, 2013). Available at SSRN: or

David McLauchlan (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Paper statistics

Abstract Views