New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Avoidance of contract

Legal area

Court

3 Sept 2021

MELCO PROPERTY HOLDINGS (NZ) 2012 LIMITED v ANTHONY JOHN HALL [2021] NZSC 108 [3 September 2021]

Citation

[2021] NZSC 108
Court

Supreme Court

The Supreme Court granted leave to appeal and framed the dispositive legal questions for full argument: whether breach of the obligation to provide reasonable access can defeat the right to avoid the agreement and whether such a breach is limited to a claim for damages or can found avoidance; these questions require analysis of materiality and counterfactual proof.
16 Sept 2015

TO v HUANG & ANOR [2015] NZCA 446

Citation

[2015] NZCA 446
Court

Court of Appeal

Clause 22 did not contain express language that displaced clause 9.8(5); consequently clause 22 merely reiterated the purchaser's pre-deadline position and did not prevent the vendors from avoiding the agreement after the specified fulfilment date when the purchaser failed to give effective notice, so the vendors' avoidance was effective and the appeal must be dismissed.
30 Sept 2008

MYERS TRUSTEE COMPANY (2006) LIMITED V TIO BAY LIMITED AND ANOR HC AK CIV 2008-488-125

Citation

openlaw-f826d798_25b7_4b64_8ff7_ba357387d3f8.pdf
Court

High Court

On the agreed facts the plaintiff used reasonable endeavours to obtain OIO consent, did not cause the failure of the condition, and there was no arguable defence; summary judgment awarded for return of the deposit with interest.