AAA DEVELOPMENT (ORMISTON) LIMITED V ORMISTON GROUP LIMITED HC AK CIV 2008-404-002616

AAA DEVELOPMENT (ORMISTON) LIMITED V ORMISTON GROUP LIMITED HC AK CIV 2008-404-002616

The plaintiff's financial ability to perform at the relevant times is relevant to the remedies and relief available under the Contractual Remedies Act 1979 and therefore documents concerning the plaintiff's funding and financial position are discoverable; defendant's discovery application is granted and plaintiff...

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Citation
openlaw-0bcdb253_4936_4618_b1d1_e15b876c6aa9.pdf
Parties
Plaintiff: AAA DEVELOPMENT (ORMISTON) LIMITED; Defendant: ORMISTON GROUP LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 December 2009
Procedural Posture
Civil Contractual Dispute (sale of Land) / Application for Further and Better Discovery (high Court)
Outcome
Application for further discovery granted.
Legal Topics
Contractual Remedies Act 1979, Specific Performance, Discovery of Documents, Readiness and Ability to Perform, Cancellation/repudiation
Contract Law Civil Procedure Property Law Evidence/discovery Contractual Remedies Act 1979 Specific Performance Discovery of Documents Readiness and Ability to Perform +1 more

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Parties

AAA DEVELOPMENT (ORMISTON) LIMITED

Plaintiff

ORMISTON GROUP LIMITED

Defendant

Procedural Posture

Civil Contractual Dispute (sale of Land) / Application for Further and Better Discovery (high Court)

Legal Issues

  1. 1 Whether documents concerning the plaintiff's financial ability to complete the purchase at relevant times are discoverable
  2. 2 Whether a party must be ready, willing and able to perform in order to validly cancel a contract and relevance of that to relief under the Contractual Remedies Act 1979
  3. 3 Whether the defendant's expenditure in reliance on the contract affects the relevance of the plaintiff's financial capacity

Ratio Decidendi

The plaintiff's financial ability to perform at the relevant times is relevant to the remedies and relief available under the Contractual Remedies Act 1979 and therefore documents concerning the plaintiff's funding and financial position are discoverable; defendant's discovery application is granted and plaintiff must produce the specified documents within twenty working days.

Court Disposition

Application for further discovery granted.

Orders

  • Plaintiff to provide discovery of documents relating to steps taken to fund the purchase and the plaintiff's financial position at (a) the date the parties entered the agreement, (b) when the plaintiff sought specific performance, and (c) when the plaintiff purported to elect to cancel the agreement; discovery to be...
  • Costs to defendant assessed on a 2B basis with disbursements as fixed by the registrar.