18 Jun 2010
VINCENT STREET TRUSTEE LTD V BRENT ANDREW DE JONGH AND STEWART HAMILTON LAW HC AK CIV-2010-404-000691
- Citation
- openlaw-ae28661e_b46d_4b5a_adc4_9f600e2807fa.pdf
- Court
- High Court
Where a purchaser has continued to repudiate after an order for specific performance, the vendor is entitled to cancel the contract under s7 of the Contractual Remedies Act 1979; the court may discharge earlier parts of a specific performance order that would otherwise prevent cancellation and may permit cancellation without prior notice where communication is not reasonably practicable; applying those principles, the defendants' sale of their home and departure overseas constituted repudiation and justified cancellation and partial discharge of the earlier orders.