UTOPIA DEVELOPMENTS LIMITED V SUN OK YANG HC TAU CIV-2009-470-001086

UTOPIA DEVELOPMENTS LIMITED V SUN OK YANG HC TAU CIV-2009-470-001086

Defendant breached the sale agreement by failing to settle; plaintiff validly cancelled under contractual terms, resold the property and proved loss, interest and costs; therefore plaintiff entitled to retain deposit and recover quantified damages and costs.

Citation
openlaw-8f2ee182_024c_4518_a1e6_9799ad3d48d9.pdf
Parties
Plaintiff: Utopia Developments Limited; Defendant: Sun Ok Yang
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 March 2010
Procedural Posture
Sale of Land / Contract (civil) / Formal Proof Hearing and Default Judgment
Outcome
Default judgment for plaintiff; agreement cancelled; plaintiff entitled to retain deposit and recover damages, interest and costs.
Legal Topics
Specific Performance, Damages for Breach, Retention of Deposit, Resale Loss, Interest, Costs
Contract Property Civil Procedure Remedies Specific Performance Damages for Breach Retention of Deposit Resale Loss +2 more

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Parties

Utopia Developments Limited

Plaintiff

Sun Ok Yang

Defendant

Procedural Posture

Sale of Land / Contract (civil) / Formal Proof Hearing and Default Judgment

Legal Issues

  1. 1 Whether the defendant breached the agreement by failing to settle
  2. 2 Whether the plaintiff validly cancelled the agreement and resold Lot 40
  3. 3 Whether the plaintiff is entitled to retain the deposit and recover damages, interest and costs under the agreement

Ratio Decidendi

Defendant breached the sale agreement by failing to settle; plaintiff validly cancelled under contractual terms, resold the property and proved loss, interest and costs; therefore plaintiff entitled to retain deposit and recover quantified damages and costs.

Court Disposition

Default judgment for plaintiff; agreement cancelled; plaintiff entitled to retain deposit and recover damages, interest and costs.

Orders

  • Agreement between plaintiff and defendant cancelled
  • Plaintiff entitled to retain deposit of $22,800.00