15 Aug 2016
CHAMBERS v CHATFIELD [2016] NZHC 1871
- Citation
- (2016) 10 NZBLC 99
- Court
- High Court
Clause 11 was a covenant to enter into a guarantee within an agreement to lease; Walsh v Lonsdale and Inglis operate so that where specific performance of the agreement to lease is appropriate the parties are to be treated as if the Deed (including the guarantee) had been executed; s 27 PLA does not prevent specific performance of the agreement to lease because s 27 governs standalone contracts of guarantee not covenants within agreements to lease, and an order requiring signature would satisfy s 27, therefore the District Court judgment enforcing liability was correct.