6 Dec 2016
CHRISTCHURCH RESIDENTIAL RENTALS LTD v STANTON [2016] NZHC 2936
- Citation
- [2016] NZHC 2936
- Court
- High Court
The court accepted that, on the facts and the express terms of clause 19.5 and having regard to part performance, the purchaser was entitled to be authorised to obtain information and to take steps to settle the vendor's EQC and insurance claims on her behalf, subject to recognition and protection of mortgagee rights; settlement proceeds must be paid to mortgagees up to indebtedness with any surplus paid into court; the purchaser's 15% fee was not authorised by the declaration.