28 May 2007
WADE V TAURANGA HOTELS LIMITED HC ROT CIV 2006-463-000392
- Citation
- openlaw-e480b559_8a7e_4b64_8f25_f1ad57437897.pdf
- Court
- High Court
The Court found the written sale agreement proved; the defendant by conduct (taking possession, pursuing licences, negotiating leases and refurbishments) represented it would not enforce strict contractual conditions and was estopped/waived from denying performance; the supply did not qualify as a going concern so GST was payable under the contract; the plaintiff was therefore entitled to the purchase price plus GST less a rent credit and interest, with costs on a 2B basis.
- Sale of business
- Waiver and estoppel
- Goods and services tax (gst) treatment of supply
- Licensing (gambling and liquor)
- Damages and interest
- Remedies against company directors/shareholders