21 Dec 2022
XIEYAN MAO v HARGUN SINGH [2022] NZSC 153
- Citation
- [2022] NZSC 153
- Court
- Supreme Court
Leave to appeal was dismissed because concurrent factual findings by the High Court and Court of Appeal established that the vendor was not ready, willing and able to give vacant possession and had insisted on settlement notwithstanding the tenancy, so a tender by the purchaser would have been futile; in that factual setting the proposed appeal lacked sufficient prospects of success to justify leave and the Court would not definitively decide wider questions about clause 10 here.