28 Aug 2018
OVERLAND DEVELOPMENT LTD v DONG [2018] NZHC 2225
- Citation
- [2018] NZHC 2225
- Court
- High Court
Court found defendant had an arguable misrepresentation defence but on the facts she unequivocally affirmed the contract (nomination email of 15 January 2018 and conduct thereafter) with full knowledge of the rights-of-way issue and failed to comply with contractual procedures for claiming compensation (clause 7). Summary judgment entered for plaintiff on liability; questions of remedy (including whether to order specific performance or damages) were reserved for trial.