17 Mar 2009
NORTHCOTT LANDS LTD V RITCHIE, SHEARER AND KOCH AS TRUSTEES OF THE TE ORANGA PAI TRUST HC NWP CIV 2008-443-439
- Citation
- openlaw-6bd0ca62_b942_43ce_88fb_3c5189187dd0.pdf
- Court
- High Court
There was a concluded oral agreement to lease entered on 13 March 2003 because all essential terms were agreed (parties, premises, six year term, rental at $150/acre), Richards' 4 April 2003 letter constituted a sufficient memorandum in writing under s 2(2) because Richards was lawfully authorised to record and implement the agreement, and the parties evidenced an immediate intention to be bound by possession, payment of rent, maintenance and other acts; hence Northcott's cancellation in February 2004 was unlawful and the appeal fails (matter remitted to District Court to assess losses).