10 May 2019
NORTHWEST DEVELOPMENTS LIMITED v KE LING [2019] NZHC 1023
- Citation
- [2019] NZHC 1023
- Court
- High Court
At the time the vendor gave written notice on 16 February 2018 it had submitted and obtained LINZ approval as to survey for survey plan LT509469, so the proviso in clause 24.2 was satisfied and the vendor validly extended the sunset date for six months; subsequent replacement of the plan by LT522391 did not negate that earlier submission, the validity of the extension is assessed at the time the notice is given, and therefore the purchaser was not entitled to cancel and must perform the agreement.