22 Sept 2006
GAYHURST PROPERTIES V WONG HC AK CIV-2004-404-4550
- Citation
- openlaw-4f77bb70_5b22_4a7e_8516_6b7759058394.pdf
- Court
- High Court
The Court found Gayhurst was in default by 5 December 2003 at the latest, the January 30 notice allowing four weeks was reasonable in context, time remained of the essence despite subsequent delays and communications, and Wong validly cancelled the mediation agreement on 23 July 2004; accordingly specific performance was declined and the parties' invoice liabilities were allocated according to clause 16.1 and the Court's findings on which costs related to resource consent versus physical works.