ARRANMORE DEVELOPMENTS LIMITED V WANG HC AK CIV 2009-404-005452

ARRANMORE DEVELOPMENTS LIMITED V WANG HC AK CIV 2009-404-005452

Given the defendant's abandonment of the purchases, failure to comply with the specific performance order and the unsuccessful attempts to locate him, the court exercised its power under r 6.8 to dispense with service for the cancellation application, rescinded the order for specific performance, cancelled the sale agreements and entered judgment for liability for damages while adjourning inquiry into quantum pending further evidence regarding the former solicitor's contact with the defendant.

Citation
openlaw-a4069145_8e71_4ac2_9179_830dbed4f9f7.pdf
Parties
Plaintiff: Arranmore Developments Limited; Defendant: Pu Wang
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 October 2010
Procedural Posture
Contract Specific Performance and Rescission / Application for Cancellation and Inquiry Into Damages (orders Issued)
Outcome
Order rescinding specific performance; agreements cancelled; judgment entered for liability for damages; service dispensed with for cancellation application; inquiry into damages and service for that inquiry adjourned.
Legal Topics
Specific Performance, Rescission, Service of Process, Substituted Service, Damages, Adjournment
Contract Property Civil Procedure Specific Performance Rescission Service of Process Substituted Service Damages +1 more

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Parties

Arranmore Developments Limited

Plaintiff

Pu Wang

Defendant

Procedural Posture

Contract Specific Performance and Rescission / Application for Cancellation and Inquiry Into Damages (orders Issued)

Legal Issues

  1. 1 Whether to dispense with personal service and allow substituted or no service
  2. 2 Whether to rescind an earlier order for specific performance
  3. 3 Whether to cancel the agreements for sale and purchase

Ratio Decidendi

Given the defendant's abandonment of the purchases, failure to comply with the specific performance order and the unsuccessful attempts to locate him, the court exercised its power under r 6.8 to dispense with service for the cancellation application, rescinded the order for specific performance, cancelled the sale agreements and entered judgment for liability for damages while adjourning inquiry into quantum pending further evidence regarding the former solicitor's contact with the defendant.

Court Disposition

Order rescinding specific performance; agreements cancelled; judgment entered for liability for damages; service dispensed with for cancellation application; inquiry into damages and service for that inquiry adjourned.

Orders

  • Service of the plaintiff's application for cancellation/rescission of the order for specific performance, for cancellation of the agreements for sale and purchase, and for judgment for liability for damages, is dispensed with.
  • Service of the plaintiff's application for an inquiry into damages and/or damages, and costs, is adjourned for further consideration on filing of evidence as to any continuing means of contact held by the solicitor formerly acting for the defendant.