18 Jul 2016
NGOI v WEN [2016] NZHC 1621
- Citation
- [2016] NZHC 1621
- Court
- High Court
On the balance of probabilities the plaintiffs failed to prove formation of an enforceable contract: the court found insufficient reliable evidence that the defendant participated in the alleged telephone agreement, the defendant did not know of or intend to accept the purchaser's pre-initialling and only intended to make a counter-offer when she initialled $5.28m, and the parties retained the ordinary intention to be bound only by a formal signed document; the agent had no authority to bind the vendor by verbal acceptance, so no contract was formed.