WHITLOCK V WHITE HC ROT CIV-2011-463-000426
The agreement was validly cancelled and the plaintiffs are entitled to repayment of $220,000 with interest from 12 May 2011; costs are awarded to the plaintiffs on a 2B basis with reasonable disbursements.
Source-derived case information.
- Citation
- openlaw-b0e79b28_0ae6_4a69_8339_a6391f3bf66a.pdf
- Parties
- Plaintiff: Dale William Whitlock and Joanne Elizabeth Renner; Defendant: Michael Theo White and Helen May White
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 December 2011
- Procedural Posture
- Civil Contract Dispute / Judgment on Formal Proof
- Outcome
- Judgment for plaintiffs for repayment of $220,000 with interest from 12 May 2011; costs awarded to plaintiffs on a 2B basis with reasonable disbursements.
- Legal Topics
- Refund of Deposit, Cancellation of Contract, Interest, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dale William Whitlock and Joanne Elizabeth Renner
Plaintiff
Michael Theo White and Helen May White
Defendant
Procedural Posture
Civil Contract Dispute / Judgment on Formal Proof
Legal Issues
- 1 Whether plaintiffs are entitled to refund of $220,000 paid under agreement for subdivision and transfer
- 2 Whether plaintiffs validly cancelled the agreement
- 3 Whether interest is payable and from what date
Ratio Decidendi
The agreement was validly cancelled and the plaintiffs are entitled to repayment of $220,000 with interest from 12 May 2011; costs are awarded to the plaintiffs on a 2B basis with reasonable disbursements.
Court Disposition
Judgment for plaintiffs for repayment of $220,000 with interest from 12 May 2011; costs awarded to plaintiffs on a 2B basis with reasonable disbursements.
Orders
- Judgment entered for the plaintiffs in the sum of $220,000.
- Defendants to pay interest to the plaintiffs from 12 May 2011 at the rate prescribed in the Judicature Act 1908.
Full Case Text
Judgment text and source record
1 paragraphs
WHITLOCK V WHITE HC ROT CIV-2011-463-000426 8 December 2011IN THE HIGH COURT OF NEW ZEALANDROTORUA REGISTRYCIV-2011-463-000426BETWEEN DALE WILLIAM WHITLOCK ANDJOANNE ELIZABETH RENNERPlaintiffsAND MICHAEL THEO WHITE AND HELENMAY WHITEDefendantsHearing: 8 December 2011Counsel: SJ Clews for PlaintiffsJudgment: 8 December 2011JUDGMENT OF ASHER JSolicitors/Counsel:Osborne Attewell Clews, DX JA31503, Whakatane 3158. Email: s.clews@aoc.co.nz[1] Mr Clews on behalf of the plaintiffs seeks judgment against the defendants byway of formal proof.[2] There is on the file an affidavit of Dale Whitlock recording the payment of$220,000 in consideration of the subdivision and transfer of a section by thedefendants. The subdivision did not proceed. No explanation has been given by thedefendants. A letter was sent by the plaintiffs' lawyers to the defendants on13 February 2009 expressing concern that no steps appeared to have been taken topursue a subdivision. The refund of the money paid together with interest wassought.[3] A further two years went by and on 26 April 2011 a letter was sent requiringtransfer of the land within 14 days, time being of the essence. On 12 May 2011 aletter cancelling the agreement was forwarded to the Whites.[4] I am satisfied that on a formal proof basis this claim is made out, and that inparticular the damages claimed of $220,000 are properly recoverable. It appears tohave been a valid cancellation and there should be a refund of all monies paid.[5] Therefore, the plaintiffs will have judgment against the defendants in the sumof $220,000. Interest is warranted from the date when the cause of action arose. Theplaintiffs will therefore have interest against the defendants at the rate prescribed inthe Judicature Act 1908 from 12 May 2011.Costs[6] I order that the plaintiffs have costs on a 2B basis together with reasonabledisbursements.Summary(a) Judgment is entered for the plaintiffs for $220,000.(b) The defendants will pay the plaintiffs costs on a 2B basis togetherwith reasonable disbursements...Asher J