16 Sept 2020
PETERSON v MILLS [2020] NZHC 2400
- Citation
- [2020] NZHC 2400
- Court
- High Court
The Agreement had been cancelled and, under s 43 of the Contract and Commercial Law Act 2017, the Court was empowered to grant pragmatic relief; the appropriate relief was to transfer title of the two properties to Peterson, to require Mills to return the $40,000 (with interest under s 62B DCA 1947) to enable Peterson to sell the Ruatiti property with proceeds applied to ASB mortgages and overdraft and any shortfalls and residuals distributed as directed, with Porongahau to be sold if proceeds insufficient; the digger was not proven to be included and no award for it or logging proceeds was m…