EASTERNMANOR DEVELOPMENT LIMITED v YESHE DEVELOPMENT LIMITED [2023] NZHC 2317

EASTERNMANOR DEVELOPMENT LIMITED v YESHE DEVELOPMENT LIMITED [2023] NZHC 2317

Summary judgment granted for Easternmanor Development Limited. The Acanthus–EDL contractual restrictions on on-sale and marketing did not render the EDL–Yeshe contracts invalid and did not provide Yeshe an arguable defence. Post-contract WeChat communications did not establish a Fair Trading Act defence because they were post-contract and there was no demonstrated reliance causing Yeshe's conduct. Yeshe's removal from the Companies Register prevented settlement; loss is assessed at the date of cancellation; GST should be excluded from damages because a completed settlement would have been zero-rated; interest ordered pursuant to statute and certain interest-as-damages awarded for the...

Citation
[2023] NZHC 2317
Parties
Plaintiff: Easternmanor Development Limited; Defendant: Yeshe Development Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 August 2023
Procedural Posture
Civil Contract (sale of Land) / Judgment (summary Judgment)
Outcome
Summary judgment for Easternmanor Development Limited against Yeshe Development Limited
Legal Topics
Summary Judgment, Resale/on Sale Restrictions, Misrepresentation, Damages Calculation, GST Treatment, Interest
Contract Property Commercial Civil Procedure Fair Trading Act Summary Judgment Resale/on Sale Restrictions Misrepresentation +3 more

Case Brief

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Parties

Easternmanor Development Limited

Plaintiff

Yeshe Development Limited

Defendant

Procedural Posture

Civil Contract (sale of Land) / Judgment (summary Judgment)

Legal Issues

  1. 1 Whether summary judgment was appropriate because defendant had no arguable defence
  2. 2 Whether post-contract communications (WeChat) gave rise to a Fair Trading Act / misleading conduct defence
  3. 3 Whether contractual restrictions between vendor and its own vendor (Acanthus) invalidated the vendor's contract with purchaser

Ratio Decidendi

Summary judgment granted for Easternmanor Development Limited. The Acanthus–EDL contractual restrictions on on-sale and marketing did not render the EDL–Yeshe contracts invalid and did not provide Yeshe an arguable defence. Post-contract WeChat communications did not establish a Fair Trading Act defence because they were post-contract and there was no demonstrated reliance causing Yeshe's conduct. Yeshe's removal from the Companies Register prevented settlement; loss is assessed at the date of cancellation; GST should be excluded from damages because a completed settlement would have been zero-rated; interest ordered pursuant to statute and certain interest-as-damages awarded for the...

Court Disposition

Summary judgment for Easternmanor Development Limited against Yeshe Development Limited

Orders

  • Judgment for plaintiff in the sum of NZD 401742.00
  • Judgment for plaintiff in respect of each property loss NZD 133914.00