14 Aug 2017
WALLACE & ANOR v HERRON [2017] NZCA 346
- Citation
- [2017] NZCA 346
- Court
- Court of Appeal
Court allowed the appeal in part: Wallace entitled to the $675,000 credit for the Queenstown apartment because Herron's conduct (and subsequent settlement with developer) precluded the condition being met and he could not take advantage of his own wrong; Wallace not entitled to $175,000 Sexton deduction; SH9 did not create a separate $600,000 debt; Turner and Waverly credits stood because assignments were by way of security and securities were discharged; no interest under SH8 or SH9 as pleaded; appeal otherwise dismissed and cross-appeal dismissed.