6 Mar 2007
TENNANT V GORE STREET TRUSTEE LTD AND ANOR HC AK CIV-2007-404-1095
- Citation
- openlaw-0a6f4928_31f8_45d7_8058_ca2c4bae736b.pdf
- Court
- High Court
There is a serious question to be tried on whether the sale and purchase agreement was validly cancelled and whether clause 27 of the Homebond agreement obliges NZHB to pay where the purchaser has cancelled; given the risk of irreversible prejudice to the purchasers if payment is made now (NZHB can recover and has security; vendor may be liquidated) the balance of convenience favours granting interim relief restraining payment pending further order.