16 Nov 2017
GRINDLAY v MEMELINK [2017] NZCA 520
- Citation
- [2017] NZCA 520
- Court
- Court of Appeal
The High Court judgment was set aside and the matter remitted for rehearing because the trial judge failed to conduct the necessary credibility analysis and to resolve critical evidential conflicts (identity of purchaser, significance of amendment page, responsibility for signatures and payments), rendering the factual findings and damages award unsafe; additionally, the Judge wrongly applied the readiness-to-perform rule as absolute though he correctly found the Grindlays' purported cancellation was in substance a repudiation and that the vendor's commencement of proceedings did not amount t…