18 Dec 2015
ATTFIELD v NZLF LIMITED [2015] NZHC 3308
- Citation
- [2015] NZHC 3308
- Court
- High Court
The court found NZLF had not taken the steps required after the agreed 8 March 2015 site meeting to obtain survey, resource consents and titles under clause 34 and that no binding 'side agreement' was concluded in mid‑April 2015 to vary settlement obligations; the settlement deed validly extended clause 18(d)(iv) to 15 May 2015 and preserved the vendor's election under that clause, so Attfield validly elected to cancel when NZLF failed to settle by the extended date; NZLF therefore failed to establish a reasonably arguable caveatable interest and the caveat was ordered removed.