18 Jan 2022
BIRDWOOD RODNEY TRUSTEE LTD v BLUE MOON LTD [2022] NZHC 23
- Citation
- [2022] NZHC 23
- Court
- High Court
Blue Moon acquired the right to avoid the agreement for failure to fulfil the DD condition on 30 October 2020 but, under the contract, avoidance required written notice served in accordance with clause 1.3; Blue Moon also acquired the right to cancel for Birdwood's breach (non-payment of rates) effective from 27 November 2020 once time was made of the essence and the breach was not remedied; the February 2021 email and March 2021 text did not incontrovertibly satisfy the contract's notice formalities or clearly evince cancellation such that it was patently clear the caveat could not be mainta…