YARDLEY AND WILLIAMS V SHARP AND SHARP HC WANG CIV 2006 483 65

YARDLEY AND WILLIAMS V SHARP AND SHARP HC WANG CIV 2006 483 65

Leave to appeal was refused because the appellants failed the Snee v Snee test: their proposed grounds were either untenable or would not affect the outcome given the purchasers' solicitor's 29 August 2003 letter which waived or confirmed fulfilment of the contractual conditions and rendered the contract unconditional; alleged procedural unfairness or bias was not established and in any event would not have changed the determinative effect of the waiver.

Citation
openlaw-957a2a3f_150d_49a8_a179_5b96de17874a.pdf
Parties
Appellant: Anne Elizabeth Yardley; Appellant: David Leslie Williams; Respondent: Christopher Marlow Sharp; Respondent: Sharon Ann Sharp
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 February 2007
Procedural Posture
Appeal From District Court; Application for Leave to Appeal to the Court of Appeal / Application for Leave to Appeal Under S67 Judicature Act 1908 in High Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Summary Judgment, Waiver of Conditions Precedent, Condition Subsequent, Misrepresentation, Misleading or Deceptive Conduct, Implied Duty of Good Faith, Leave to Appeal (snee Test), Judicial Bias/disqualification
Contract Law Civil Procedure Judicial Disqualification Statutory Remedies Under Contractual Remedies Act Fair Trading Act Claims Summary Judgment Waiver of Conditions Precedent Condition Subsequent +5 more

Case Brief

Summary, issues, holding and outcome

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Parties

Anne Elizabeth Yardley

Appellant

David Leslie Williams

Appellant

Christopher Marlow Sharp

Respondent

Sharon Ann Sharp

Respondent

Procedural Posture

Appeal From District Court; Application for Leave to Appeal to the Court of Appeal / Application for Leave to Appeal Under S67 Judicature Act 1908 in High Court

Legal Issues

  1. 1 Whether leave to appeal should be granted under the Snee v Snee test
  2. 2 Whether the purchasers' 29 August 2003 solicitor's letter waived or fulfilled contractual finance and accounts conditions rendering the contract unconditional
  3. 3 Whether there existed any separate enforceable promise or continuing obligation to provide financial accounts after 29 August 2003

Ratio Decidendi

Leave to appeal was refused because the appellants failed the Snee v Snee test: their proposed grounds were either untenable or would not affect the outcome given the purchasers' solicitor's 29 August 2003 letter which waived or confirmed fulfilment of the contractual conditions and rendered the contract unconditional; alleged procedural unfairness or bias was not established and in any event would not have changed the determinative effect of the waiver.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal to the Court of Appeal refused
  • Appellants to pay respondents' costs of the application on a 2B basis