13 May 2019
NORTHWEST DEVELOPMENTS LIMITED v LIN XUE [2019] NZHC 1042
- Citation
- [2019] NZHC 1042
- Court
- High Court
Defendant has no arguable defence: his factual assertions were inadmissible hearsay or non-actionable statements as to future events; the extension of the sunset clause was enforceable (practical benefit and/or valid invocation of the clause's proviso); warranties and best endeavours were not breached in a way that gives rise to a substantial cancellation right; equity should not refuse specific performance. Accordingly specific performance was ordered and defendant must complete by 7 June 2019, costs to plaintiff.