16 Dec 2014
COUGHLAN v COX CA128/2014 [2014] NZCA 617
- Citation
- (2014) 16 NZCPR 66
- Court
- Court of Appeal
On the facts the Court held that the parties intended to be bound by the signed agreements and subsequent conduct, the vendors' solicitor had implied authority to agree the post‑contract amendments, the tenancy condition was effectively satisfied or waived by conduct and written communications, and specific performance of the swap was ordered; damages for delay were remitted to the High Court to be quantified on the basis of lost rent (assessed at $380/week) subject to appropriate offsets and mitigation.