MANA PROPERTY TRUSTEE LTD V JAMES DEVELOPMENTS LTD SC 105/2009
The Supreme Court granted leave to appeal so that it can determine (1) whether clause 18.3 was an essential term of the sale and purchase agreement and (2) whether the respondent validly cancelled the agreement by the 3 November 2008 notice without prior issuance and expiry of a settlement notice; no substantive...
Source-derived case information.
- Citation
- MANA PROPERTY TRUSTEE LTD V JAMES DEVELOPMENTS LTD SC 105/2009
- Parties
- Appellant: MANA PROPERTY TRUSTEE LTD; Respondent: JAMES DEVELOPMENTS LTD
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 1 March 2010
- Procedural Posture
- Leave to Appeal (civil) / Application for Leave; Leave Granted
- Outcome
- Application for leave to appeal granted
- Legal Topics
- Essential Term, Cancellation, Settlement Notice, Notice Requirements, Breach, Repudiation
Source-derived case record
Summary, issues, holding and outcome
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Parties
MANA PROPERTY TRUSTEE LTD
Appellant
JAMES DEVELOPMENTS LTD
Respondent
Procedural Posture
Leave to Appeal (civil) / Application for Leave; Leave Granted
Legal Issues
- 1 Whether clause 18.3 of the agreement for sale and purchase was an essential term
- 2 Whether the respondent was entitled to cancel the agreement by the notice given on 3 November 2008 without prior issuance and expiry of a settlement notice
Ratio Decidendi
The Supreme Court granted leave to appeal so that it can determine (1) whether clause 18.3 was an essential term of the sale and purchase agreement and (2) whether the respondent validly cancelled the agreement by the 3 November 2008 notice without prior issuance and expiry of a settlement notice; no substantive determination on those issues was made in this order.
Court Disposition
Application for leave to appeal granted
Orders
- Leave to appeal granted
- Approved grounds: (i) Whether cl 18.3 of the agreement for sale and purchase was an essential term; (ii) Whether the respondent was entitled to cancel the agreement by the notice it gave on 3 November 2008 without prior issuance and expiry of a settlement notice
Full Case Text
Judgment text and source record
1 paragraphs
MANA PROPERTY TRUSTEE LTD V JAMES DEVELOPMENTS LTD SC 105/2009 1 March 2010IN THE SUPREME COURT OF NEW ZEALAND SC 105/2009 [2010] NZSC 11BETWEEN MANA PROPERTY TRUSTEE LTD Appellant AND JAMES DEVELOPMENTS LTD Respondent Court: Blanchard, McGrath and Wilson JJ Counsel: J McCartney SC for Appellant C S Withnall QC for Respondent Judgment: 1 March 2010JUDGMENT OF THE COURTA The application for leave to appeal is granted. B The approved grounds are: (i) Whether cl 18.3 of the agreement for sale and purchase was an essential term; and (ii) Whether, in any event, the respondent was entitled to cancel the agreement by the notice it gave on 3 November 2008 without prior issuance and expiry of a settlement notice.Solicitors: Graeme Skeates Law, Auckland for Appellant La Hood Van Aart, Dunedin for Respondent