27 May 2022
TITTERTON v DYNASTY CAPITAL LIMITED [2022] NZHC 1202
- Citation
- [2022] NZHC 1202
- Court
- High Court
The purchaser established a reasonably arguable case that the vendor breached its obligation to pursue construction with reasonable diligence (including the arguably unjustified halt after the 3 June 2021 call and kitchen ordering delay) such that the vendor could not properly rely on the sunset clause to terminate; accordingly the caveat must be sustained pending resolution of the contractual dispute.