29 Oct 2020
MELCO PROPERTY HOLDINGS (NZ) 2012 LTD v HALL [2020] NZHC 2831
- Citation
- [2020] NZHC 2831
- Court
- High Court
Although an arguable implied term existed obliging the vendor to provide reasonable access for due diligence, Melco failed to establish an arguable causal link that any default by the vendor caused Melco's inability to fulfil or waive the due diligence condition before it expired; there was insufficient evidence that access on the disputed date would have produced a timely report or led Melco to confirm or waive the condition, so the vendor validly cancelled and the caveat cannot be maintained.