New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Time for performance

Legal area

Court

13 Sept 2006

MOGOLIN AND ANOR V MT LYFORD PRODUCTS LIMITED AND ANOR HC CHCH CIV-2006-409-001384

Citation

openlaw-e853932a_59d3_4a94_9a88_0828cf96e7fa.pdf
Court

High Court

The strike out application was dismissed because reasonable alternative interpretations of the contract exist once the contractual matrix and drafting provenance are considered, the due diligence clauses may impose enforceable obligations separate from the informal five-year statement, and factual issues (including whether titles remain withheld due to vendor or local authority delays) must be resolved on evidence rather than by strike out.
1 Dec 2004

JACK V GUY CA CA164/03

Citation

openlaw-9730aa00_f79a_4ee7_8b57_4099d9dcd995.pdf
Court

Court of Appeal

The majority concluded the 3 August 1993 letter constituted a sale and purchase and that the respondent was entitled to cancel the contract under s7(3)(c) of the Contractual Remedies Act 1979 because, on the reasonable bystander test and given the appellants had done nothing to obtain resource consent or install required roading by late September 1993, it was clear they would not perform their essential preconditions in time for harvesting.