20 Aug 2010
TAWANUI DEVELOPMENTS LIMITED V D M HARNETT AND J C MALCOLM AND ANOR HC PMN CIV-2008-454-949
- Citation
- openlaw-cd7ebe61_9720_4d18_8913_6962c253a7f2.pdf
- Court
- High Court
The plaintiff is entitled to loss-of-bargain damages of $40,000 (contract price less current market value $160,000), interest as damages at a reasonable commercial rate of 8% p.a. (total $29,106.73 to date of judgment), recoverable pre-proceedings legal/conveyancing costs of $12,111.66 as reliance/wasted expenditure, and commission/advertising costs of $7,600; the defendants' wilful or reckless non-compliance justifies an award of indemnity costs but their quantum must be supported by detailed invoices and is to be fixed following directed memoranda; costs on applications awarded on a Categor…
- Specific performance
- Contractual remedies act 1979
- Assessment of damages (loss of bargain)
- Interest as damages
- Recoverability of legal/conveyancing costs
- Indemnity costs and enforcement