3 Apr 2012
CUNNINGHAM V BUTTERFIELD & ORS HC TIM CIV 2011-476-000400
- Citation
- openlaw-4a2328c0_b5ac_4f4c_ae44_252998da3831.pdf
- Court
- High Court
The plaintiff breached clause 6 of the Settlement Deed by failing to destock the Mt Cook paddocks as required; the April 2010 variation and December 2010 Settlement Deed operated as a surrender and regrant creating enforceable conditions which allowed cancellation under the Property Law Act 2007, but the notices, while imperfect, were not invalid and, on discretionary grounds (proportionality, conduct, lack of lasting damage and plaintiff's efforts), the court grants relief from forfeiture to the plaintiff.