6 May 2022
MELCO PROPERTY HOLDINGS (NZ) 2012 LIMITED v ANTHONY JOHN HALL [2022] NZSC 60 [12 May 2022]
- Citation
- [2022] 1 NZLR 59
- Court
- Supreme Court
Where a party seeks to avoid a contract for non-fulfilment of a condition, that party cannot rely on the non-fulfilment if its own default materially contributed to the failure; the required nexus is that the default materially and substantially operated on the prospect of fulfilment; applying that test it was reasonably arguable that Hall's refusal to facilitate access on 8 January 2020 materially affected Melco's ability to fulfil or waive the due diligence condition and therefore the caveat should not lapse.