4 Aug 2010
BARTHOLOMEW AND ORS V MARIMA VALLEY FARM LIMITED HC WN CIV-2010-454-373
- Citation
- openlaw-413bb771_4b67_4467_93e6_27a9f37b962d.pdf
- Court
- High Court
Clause 22.9 was for the sole benefit of the purchaser and therefore validly waived under clause 8.7(6); clauses 22.2 and 22.8 provide contractual mechanisms (including trust provisions and price adjustments) to address any failure to transfer shares, so the vendor had no relevant interest sufficient to prevent waiver; the vendor's cancellation was ineffective and the purchaser is therefore entitled to specific performance.