New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Election and waiver

Legal area

Court

19 Aug 2011

MILLBROOK COUNTRY CLUB V S.F.M. INVESTMENTS LIMITED HC AK CIV-2009-404-2850

Citation

openlaw-8a32e760_7cec_4e97_a692_49e0b71fafc8.pdf
Court

High Court

The review was dismissed: the Associate Judge had jurisdiction to make the timetabling orders and the plaintiff was entitled to pursue damages after the dissolution of the specific performance order; election to seek specific performance does not irrevocably preclude later seeking damages; the amended statement of claim was permissible and a summary judgment application on damages was competent; no meaningful prejudice arose to the defendants.
22 Sept 2006

GAYHURST PROPERTIES V WONG HC AK CIV-2004-404-4550

Citation

openlaw-4f77bb70_5b22_4a7e_8516_6b7759058394.pdf
Court

High Court

The Court found Gayhurst was in default by 5 December 2003 at the latest, the January 30 notice allowing four weeks was reasonable in context, time remained of the essence despite subsequent delays and communications, and Wong validly cancelled the mediation agreement on 23 July 2004; accordingly specific performance was declined and the parties' invoice liabilities were allocated according to clause 16.1 and the Court's findings on which costs related to resource consent versus physical works.