1 Oct 2014
SINGH AND AND BOUCHIER v POTTERS PARK PROPERTY LTD [2014] NZHC 2392
- Citation
- [2014] NZHC 2392
- Court
- High Court
Clause 3 of the agreement are conditions precedent; there is no necessary implication that Potters was obliged on execution to apply to Council or notify for a two-way right-of-way for the Trust; Potters did not breach the agreement and its obligations ended when the Trust failed to obtain the consents within the agreed period, so the Trust is not entitled to specific performance or damages and the agreement is unenforceable.