TURN & WAVE LTD V GLEN JOHNSON AND ANOR HC AK CIV-2009-404-2616

TURN & WAVE LTD V GLEN JOHNSON AND ANOR HC AK CIV-2009-404-2616

The court ordered specific performance because the remedy was appropriate and uncontested on terms agreed by the parties: defendants must complete the sale within 12 working days by paying the purchase price, furniture sum, liquidated damages and interest; the court also awarded costs to the plaintiff on a 2B basis and reserved leave to seek damages in lieu if defendants do not comply.

Citation
openlaw-7fc12b72_1653_4e23_9c48_ece53b131a7f.pdf
Parties
Plaintiff: Turn & Wave Ltd; First Defendant: Glen Johnson; Second Defendant: Kirsten Johnson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 March 2010
Procedural Posture
Civil Contract Specific Performance / Final Judgment
Outcome
Order for specific performance in favour of the plaintiff, award of costs to the plaintiff on a 2B basis and reservation of leave to seek damages in lieu.
Legal Topics
Specific Performance, Costs, Damages in Lieu, Liquidated Damages, Interest
Contract Equity Civil Procedure Specific Performance Costs Damages in Lieu Liquidated Damages Interest

Case Brief

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Parties

Turn & Wave Ltd

Plaintiff

Glen Johnson

First Defendant

Kirsten Johnson

Second Defendant

Procedural Posture

Civil Contract Specific Performance / Final Judgment

Legal Issues

  1. 1 Whether specific performance should be ordered to compel completion of the sale and purchase agreement
  2. 2 Terms and quantum of monetary components (purchase price, furniture, liquidated damages, interest)
  3. 3 Allocation of costs and reservation of leave to seek damages in lieu

Ratio Decidendi

The court ordered specific performance because the remedy was appropriate and uncontested on terms agreed by the parties: defendants must complete the sale within 12 working days by paying the purchase price, furniture sum, liquidated damages and interest; the court also awarded costs to the plaintiff on a 2B basis and reserved leave to seek damages in lieu if defendants do not comply.

Court Disposition

Order for specific performance in favour of the plaintiff, award of costs to the plaintiff on a 2B basis and reservation of leave to seek damages in lieu.

Orders

  • Order that defendants Glen Johnson and Kirsten Johnson specifically perform the sale and purchase agreement dated 9 March 2007 within 12 working days.
  • Defendants to pay the purchase price of 367000.00 NZD.