New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Security retention
  • 14 Feb 2011

    XUE V LIU HC AK CIV-2010-404-3315

    Citation
    openlaw-5da9afd9_6748_4ca8_8437_aba8be4a3929.pdf
    Court
    High Court

    The court ordered specific performance of the contract, allowed the purchaser to deduct accrued interest for late settlement (15%) subject to credit for interest earned on held funds, fixed the deductible balance at $55,309.73, declined to award any uplift to costs and instead awarded costs on a 2B basis, and required $20,000 to be paid into court as security to ensure performance and vacant possession, with orders to lie in court until specified affidavits are filed.