13 Jun 2023
DWYER v ZHANG [2023] NZHC 1468
- Citation
- [2023] NZHC 1468
- Court
- High Court
The deed clearly fixed the debt and identified the only pre-agreed credit (the $43,000) and an acknowledged $4,000 credit; further pre-deed payments cannot be taken as additional credits absent express identification in the deed, so plaintiffs are entitled to summary judgment for the principal sum of $720,715.65 with statutory interest; clause 2.1 does not, on construction, entitle plaintiffs to indemnity costs for enforcement of the deed; the gift of the watches failed for lack of delivery because the key did not give the donee the means of obtaining possession and thus no constructive deliv…