DORCHESTER FINANCE LTD & ANOR V MCCORMICK HC AK CIV 2008-404-1383

DORCHESTER FINANCE LTD & ANOR V MCCORMICK HC AK CIV 2008-404-1383

On the uncontradicted affidavit evidence that the plaintiffs served a settlement notice, were ready and willing to perform and the defendant defaulted, the court was satisfied to enter judgment for liability now and direct a further hearing to determine quantum of damages under Rule 137.

Citation
openlaw-10c252c4_2f29_4209_8e2a_961479750b20.pdf
Parties
First Plaintiff: Dorchester Finance Limited; Second Plaintiff: Mountain Lake Holdings Limited; Defendant: Patrick Joseph McCormick
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 June 2008
Procedural Posture
Civil Contract/property (sale and Purchase) / Judgment on Liability Entered; Assessment of Damages Pending (directions for Quantum)
Outcome
Judgment entered for plaintiffs on liability; determination of damages deferred to further hearing.
Legal Topics
Specific Performance, Damages, Breach/default of Settlement, Court Powers Under High Court Rules R 137
Contract Property Civil Procedure Specific Performance Damages Breach/default of Settlement Court Powers Under High Court Rules R 137

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Parties

Dorchester Finance Limited

First Plaintiff

Mountain Lake Holdings Limited

Second Plaintiff

Patrick Joseph McCormick

Defendant

Procedural Posture

Civil Contract/property (sale and Purchase) / Judgment on Liability Entered; Assessment of Damages Pending (directions for Quantum)

Legal Issues

  1. 1 Whether the defendant defaulted on agreements for sale and purchase
  2. 2 Whether the plaintiffs were ready, able and willing to perform on settlement date
  3. 3 Whether judgment for liability should be entered under High Court Rules r 137

Ratio Decidendi

On the uncontradicted affidavit evidence that the plaintiffs served a settlement notice, were ready and willing to perform and the defendant defaulted, the court was satisfied to enter judgment for liability now and direct a further hearing to determine quantum of damages under Rule 137.

Court Disposition

Judgment entered for plaintiffs on liability; determination of damages deferred to further hearing.

Orders

  • Judgment for liability entered in favour of the plaintiffs under High Court Rules r 137.
  • Proceeding to be called again before Associate Judge Doogue at 2.15 p.m. on 11 July 2008 for evidence as to quantum.