12 Jun 2008
TE NAMU V KAPOOR HC NAP CIV 2008-441-186
- Citation
- openlaw-f911527f_2414_4a5a_b19d_bfa0764d4b6c.pdf
- Court
- High Court
On the facts the Court accepted the existence of a binding rent-to-buy agreement which was partly oral and partly in writing; the Kapoors' occupation and unequivocal $200 weekly payments constituted part performance validating enforcement; on wrongful cancellation the Court, applying s9 Contractual Remedies Act 1979 and relevant authorities, ordered repayment of all monies paid ($29,400) to restore parties to pre-contract positions because the vendors obtained the benefit and a substantial windfall from market appreciation.