5 Sept 2023
WHAKARURU v BATH [2023] NZHC 2474
- Citation
- [2023] NZHC 2474
- Court
- High Court
Summary judgment on resale loss was appropriate because the defendant failed to establish a reasonably arguable defence that plaintiffs did not act reasonably to mitigate. Given plaintiffs' urgent financial position, the defendant's delayed, conditional and unproven ability-to-pay offer of $1,000,000 with six months' extension was not reasonably required to be accepted or revisited, and the resale process (auction after increased marketing, acceptance of strongest post-auction conditional offer) was objectively reasonable. Calculations of penalty interest, resale costs and rates were correctl…