21 May 2020
LOOKMAN v DESIGN ELECTRONICS LIMITED [2020] NZHC 1066
- Citation
- [2020] NZHC 1066
- Court
- High Court
The court vacated the prior specific performance orders because DEL materially and substantially failed to comply with the disclosure obligations in clause 10 and access orders, the orders had become largely redundant after the option expiry and were constraining LFT's contractual rights; however LFT failed to establish on summary judgment that cancellation of the contract and damages should be granted because issues of affirmation, reservation of rights and the correct statutory basis for cancellation remained live and raised arguable defences for DEL.