5 Aug 2013
Y B PROPERTIES LIMITED v CHOI & ORS [2013] NZHC 1950
- Citation
- [2013] NZHC 1950
- Court
- High Court
Special condition 18.1(a) conflicted with general clause 9.3 as both required the same inquiry but on different tests and dates; clause 1.4(3) of the agreement makes inserted special terms prevail over conflicting general terms, therefore clause 18 prevails and the purchaser had until 10 April to confirm; the purchaser confirmed by that date so the agreement became unconditional; clause 20.1 is rectified to reflect parties' common intention and specific performance is ordered.