5 Jul 2018
STRACK & ORS v GREY [2018] NZHC 1651
- Citation
- [2018] NZHC 1651
- Court
- High Court
The defendant was in breach of contract when he purported to cancel; however the plaintiffs could not prove actual loss because the likelihood of the purchaser obtaining finance was negligible, so only nominal damages ($100) were awarded. In the exercise of discretion, although the Calderbank offer had some relevance, costs were ordered to lie where they fall (no costs awarded to either party).