27 Aug 2013
REYNOLDS v BARRATT [2013] NZHC 2185
- Citation
- [2013] NZHC 2185
- Court
- High Court
The Court found the defendants' account that a different plan had been agreed was inherently lacking in credibility, accepted the plaintiffs' evidence that the plan annexed to the Agreement was the plan used for the council consent, held the condition in clause 23.0 was satisfied, concluded the defendants' purported cancellation was unlawful repudiation, and therefore held there was no real defence to the plaintiffs' claim and granted summary judgment for the quantified losses.