18 Oct 2013
DOMINION FINANCE GROUP LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) v CAVELL LEITCH PRINGLE & BOYLE [2013] NZHC 2718
- Citation
- [2013] NZHC 2718
- Court
- High Court
Even accepting for present purposes that the solicitor's undertaking was assignable and was assigned and that Cavell Leitch breached it, Dominion Finance suffered no loss causally attributable to that breach because the deposits were held subject to s225 RMA conditions and, due to Dominion Finance's decision as mortgagee to sell the development in bulk at higher unit prices, the purchasers were entitled to rescind and recover their deposits; awarding the deposits to Dominion would permit double recovery and Dominion was not entitled to them.