5 Jul 2021
MILNE v PARTINGTON [2021] NZHC 1640
- Citation
- (2021) 16 TCLR 137
- Court
- High Court
The contract was set aside for unconscionability because the vendor was suffering a qualifying disability (serious health decline, sensory impairment and acute illness) that significantly diminished his ability to assess and act in his own interests; the purchaser knew of that disadvantage, passively accepted a substantial benefit (purchase well below market value) without ensuring independent legal advice for the vendor, and the transaction was substantively unfair, so equity intervenes to refuse specific performance.