26 May 2017
OU v LIANG [2017] NZHC 1140
- Citation
- [2017] NZHC 1140
- Court
- High Court
The repayment clause required both the lapse of one year and the plaintiff obtaining an entrepreneur work visa before repayment was due; expert evidence established that, in the parties' contemplated circumstances, obtaining that visa was not a feasible outcome and the condition was for practical purposes impossible from inception, rendering the promissory promise illusory and constituting a total failure of consideration; accordingly restitution (repayment of $250,000) was ordered and defendant had no defence to the restitution claim.