11 Nov 2010
NORMAN AVENUE PROPERTIES LIMITED V UHD WAIRARAPA LIMITED AND ANOR HC WN CIV-2009-485-2591
- Citation
- openlaw-365a25eb_7625_4dc1_9656_ba06b4fe6819.pdf
- Court
- High Court
Consent notices can operate as restrictions or encumbrances; condition 25 of the consent notice restricted use of the lots and therefore was an encumbrance falling within clause 1.6; vendor's failure to consult and notify deprived purchaser of an absolute contractual right to refuse, substantially reducing the contract's benefit and entitling cancellation and refund of deposits; no real defence to the claim, so summary judgment granted.