5 Apr 2023
SULLIVAN v BRANDON [2023] NZHC 751
- Citation
- [2023] NZHC 751
- Court
- High Court
The plaintiff is entitled to specific performance because the agreement is valid, the deposit was paid, the plaintiff is ready, willing and able to complete, substituted service was properly effected, and the defendant has no arguable defence; the Court will order the defendant to transfer title to the plaintiff and will retain oversight to protect the mortgagee and ensure proper completion. Costs awarded on a 2B basis. Claims for penalty interest require closer consideration under the contractual clause.
- Specific performance
- Auction sale and purchase agreement
- Service by substituted service
- Costs scale and uplift
- Penalty interest
- Mortgage discharge and title transfer