16 Feb 2012
AS TAYLOR AND A TAYLOR V JAYDEE HOME SOLUTIONS LIMITED HC WN CIV-2011-485-423
- Citation
- openlaw-a26992fb_f0b2_41a4_a85a_fc93ed33b3c6.pdf
- Court
- High Court
Plaintiffs ceased payments amounting to default under the instalment schedule; defendant complied with statutory notice requirements (ss 28-29) and elected court-ordered possession; contractual clause purporting automatic rescission is ineffective against the statutory scheme; plaintiffs offered no arguable defence (suspension agreement unproven, post-notice ability to pay irrelevant, unconscionability unpleaded); accordingly defendant entitled to summary judgment for vacant possession and indemnity costs per contract.