New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bona fide resale

Legal area

Court

28 Jun 2011

R B ROAD 391 LIMITED V M A JOHNSTONE AND OTHERS HC AK CIV-2009-404-007048

Citation

openlaw-562a21f0_8fcc_4b5c_9a97_09133f62feb3.pdf
Court

High Court

The Court has jurisdiction to hear the amended summary judgment application; the plaintiff proved the resale was bona fide and took reasonable steps to mitigate loss; the defendants did not raise a genuine factual dispute requiring discovery or cross-examination; summary judgment was entered for the plaintiff for the damages claimed, with interest and costs.
19 May 2009

PETER GRANT TUCKER, VICKI JUNE BAINBRIDGE AND GARY MICHAEL EDWARDS AS TRUSTEES OF THE GRANT TUCKER FAMILY TRUST AND SYLVIA LYNNE TUCKER V YANXUN SUN HC AK CIV-2008-404-008582

Citation

openlaw-e0199168_7fba_44c1_938e_df557b8f1df8.pdf
Court

High Court

Clause 9.4(3) entitled the plaintiffs to damages for loss on a bona fide resale within one year; the plaintiffs adduced credible affidavit evidence establishing they took reasonable steps to market and sell the property and the defendant failed to prove the resale was not bona fide or that mitigation was inadequate, so summary judgment was appropriate and judgment entered for the plaintiffs.