CARLTON VIEW DEVELOPMENTS LIMITED V RHODES AND ANOR HC CHCH CIV-2006-409-001725

CARLTON VIEW DEVELOPMENTS LIMITED V RHODES AND ANOR HC CHCH CIV-2006-409-001725

Clause 19, read with Clause 20 and the contract as a whole, precludes the defendants' claim of equitable set off based on alleged pre-contractual assurances; defendants failed to show an arguable defence to the payment obligation and summary judgment must be granted to the plaintiff.

Citation
openlaw-50b014e6_9ebc_4048_a6f1_63ee59c8f614.pdf
Parties
Plaintiff: Carlton View Developments Limited; First Defendant: Allan Michael Rhodes; Second Defendant: McLeans Rural Holdings Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 January 2007
Procedural Posture
Contract Dispute Sale of Land / Summary Judgment
Outcome
Summary judgment for plaintiff against both defendants for the balance of the purchase price; formal judgment to be entered 31 January 2007
Legal Topics
Set Off, Summary Judgment, Contractual Exclusion Clauses, Equitable Set Off, Misrepresentation, Subdivision Consent
Contract Law Property Law Equity Civil Procedure Set Off Summary Judgment Contractual Exclusion Clauses Equitable Set Off +2 more

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Parties

Carlton View Developments Limited

Plaintiff

Allan Michael Rhodes

First Defendant

McLeans Rural Holdings Limited

Second Defendant

Procedural Posture

Contract Dispute Sale of Land / Summary Judgment

Legal Issues

  1. 1 Whether defendants can assert set off against contractual payment
  2. 2 Whether Clause 19 (no retention) excludes equitable set off
  3. 3 Whether alleged pre-contractual assurances can found a defence contrary to express contractual terms (Clause 20)

Ratio Decidendi

Clause 19, read with Clause 20 and the contract as a whole, precludes the defendants' claim of equitable set off based on alleged pre-contractual assurances; defendants failed to show an arguable defence to the payment obligation and summary judgment must be granted to the plaintiff.

Court Disposition

Summary judgment for plaintiff against both defendants for the balance of the purchase price; formal judgment to be entered 31 January 2007

Orders

  • Summary judgment granted in favour of Carlton View Developments Limited against Allan Michael Rhodes and McLeans Rural Holdings Limited
  • Judgment to be formally entered on 31 January 2007 for the balance owing under the contract