29 Nov 2023
SON v LE (Formal proof) [2023] NZHC 3429
- Citation
- [2023] NZHC 3429
- Court
- High Court
Plaintiff proved an enforceable oral agreement by part performance: he assumed sole financial responsibility for the property (deposit, mortgage payments and outgoings) in reliance on defendant's promise to transfer his share; those acts constituted part performance and it would be unconscionable for defendant to retain the half share, so specific performance ordering transfer was justified.