4 Jun 2008
ROBT. JONES HOLDINGS LTD V TRUSTEES OF THE SMITH FAMILY TRUST; AND TRUSTEES OF THE MARK AND ROBYN VINCENT FAMILY TRUST AND ANOR HC AK CIV 2007-404-005245
- Citation
- openlaw-88c38c6d_89c6_411f_927c_681ea9fdfdbe.pdf
- Court
- High Court
Clause 16 imposed on the trustees an obligation to provide, by settlement date, such information as was necessary to show RPM was financially viable and able to meet its lease obligations, without any obligation on the purchaser to request or facilitate provision; factual disputes meant avoidance on 5 July 2007 could not be determined on summary judgment, but the trustees' subsequent conduct (calling for settlement and issuing a settlement notice without providing further information) constituted repudiation entitling RJHL to cancel on 30 July 2007; summary judgment granted for return of depo…