30 Nov 2020
DOWNER v SIGNATURE DEVELOPMENTS LIMITED (Costs Judgment] [2020] NZHC 3157
- Citation
- [2020] NZHC 3157
- Court
- High Court
Signature breached clause 26 by consenting to the assignment without obtaining purchaser approval; the identity of the named tenant (KiNZ) was an essential term; assignment to Pukekohe Educare substantially reduced the benefit of the ASP such that purchaser was entitled to cancel under s 37(2) CCL Act and recover the $466,000 deposit; defendant took positions lacking merit and failed to accept clear legal arguments, justifying a 30% uplift on scale costs under r 14.6.