3 Feb 2009
TAMAHERE LIFESTYLE LIMITED V WHITE SWAN PROPERTIES LIMITED HC HAM CIV 2008-419-1379
- Citation
- openlaw-030c145c_43bc_40f3_935c_a8c2ee6d3922.pdf
- Court
- High Court
There was an arguable case that specific performance could be ordered; however, due to discrete discretionary concerns about evidence of ability to settle and delay, the court maintained the caveats on conditions designed to give White Swan assurance of Tamahere's ability to settle, including appointing an independent solicitor to review financial evidence and report to the court within fixed timeframes.