New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enforceability of land contracts

Legal area

Court

17 Nov 2017

NGOI v WEN [2017] NZCA 519

Citation

(2017) 19 NZCPR 1
Court

Court of Appeal

The vendor authorised the agent to effect the sale and receive acceptance; the vendor objectively made an offer by initialling next to $5.28m; the purchaser communicated acceptance to the authorised agent at about 5:30 pm; that communication constituted a binding contract enforceable under s 24 Property Law Act 2007 without the need for the purchaser to re-initial the agreement adjacent to the price.
29 Jun 2012

AUC PROPERTIES LIMITED V ROTORUA DISTRICT COUNCIL HC ROT CIV-2012-463-000022

Citation

openlaw-8fe5202b_71a7_4901_8400_172bf2660bac.pdf
Court

High Court

Summary judgment was refused because there are genuine disputes of fact and credit as to whether the parties had agreed all essential terms (notably term, rent, and the 'get-out' clause), and whether acts relied on constitute part performance; plaintiff failed to discharge the onus of showing no arguable defence and the matters require trial and discovery.