17 Jul 2018
LI v GSC HOLDINGS LTD [2018] NZHC 1769
- Citation
- [2018] NZHC 1769
- Court
- High Court
The vendor's waiver was not an available means to satisfy clause 22.1(a) because the procurement of a s 224 certificate was a prerequisite to the vendor's core obligation to provide title and therefore not severable; consequently the purchaser validly cancelled under clause 44 and is entitled to the deposit, and summary judgment is appropriate.