23 Jun 2008
KIWI FREEHOLDS QUEEN STREET LIMITED AND ORS V SHANTI HOLDINGS LIMITED AND ORS CA CA237/07
- Citation
- openlaw-464bb5b1_4d76_4ae6_a9af_d088dd779481.pdf
- Court
- Court of Appeal
Clause 18 did not create a condition of the Whitford agreement to which clause 8.7 applied because it refers to settlement being conditional on contemporaneous settlement of related contracts and functions as an interdependent settlement timing provision; the parties' subsequent conduct treated the contracts as unconditional and interdependent; accordingly the purported cancellation under cl 8.7 was invalid. Even if cl 18 were a condition, Ahimsa Developments had not done all things reasonably necessary under cl 8.7(2).