12 Nov 2010
CYNDICATE PROPERTY GROUP V Z JUN HC AK CIV-2010-404-002397
- Citation
- openlaw-6ddd7913_ca38_4df2_bc4e_10daa8fe4cd3.pdf
- Court
- High Court
Clause 4.5 in the contracts is ineffective to displace the deemed condition in s225(2)(b) RMA because Parliament intended s225 to serve a public protective purpose that cannot be contracted out; summary judgment must be refused because unresolved factual issues remain about whether the vendor made reasonable progress, particularly in the period August 2006–November 2007.