7 Dec 2007
TEMPLETON V KAPITI COAST DISTRICT COUNCIL AND ORS HC WN CIV 2004-485-1686
- Citation
- openlaw-29f815b3_364c_4504_a154_79dc750cfdba.pdf
- Court
- High Court
The FOP committee's 23 September 2003 resolution accepting the Templetons' offer, together with subsequent solicitor-approved written terms and the plaintiffs' signed agreement, constituted sufficient agreement on essential terms such that the Council's failure to execute the formal contract (caused by an unlawful rescission initiated by the Mayor) could be remedied by mandamus; accordingly the Court ordered the Council to perform the sale. Claims for misfeasance and under the Fair Trading Act failed for lack of necessary elements.