New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Part performance doctrine

Legal area

Court

27 Sept 2023

KHALESI v LANE [2023] NZHC 2701

Citation

[2023] NZHC 2701
Court

High Court

No binding oral contract was formed because essential terms and parties lacked requisite certainty, the parties objectively intended a formal written agreement subject to solicitor approval, subsequent communications showed ongoing negotiation about price apportionment and payment method, and Bartercard transfers were reversible and did not demonstrate irreversible part performance; therefore the part performance exception did not apply and specific performance claim failed.
11 Jan 2012

G V G HC AK CIV-2011-404-4265

Citation

openlaw-b1bc6347_39ce_4308_aec4_4385d12fccfe.pdf
Court

High Court

The High Court upheld the Family Court finding that the parties reached a binding agreement under s 21P despite the wife's initial failure to sign; the parties' mutual subsequent conduct and part performance (transfer of the Albany property to a trust and disposition of Glen Eden proceeds) established and implemented the agreement, and the writing requirements of the Property Law Act did not defeat enforcement in the circumstances; the alleged sunset clause did not form an essential term negating agreement, and the appeal was dismissed.