30 Jul 2021
SINGH v MAO [2021] NZHC 1959
- Citation
- [2021] NZHC 1959
- Court
- High Court
The contract, by its uncompleted tenancy fields, required the vendor to deliver vacant possession under clause 3.1. The vendor was not in all material respects ready, willing and able to settle in accordance with clauses 3 and 10 because she insisted on settlement only if the purchaser took title subject to the tenancy and bore tenants' costs; her words and conduct made tender futile. Accordingly she was not entitled to serve a valid settlement notice under clause 11 and could not validly cancel. The agreement therefore remained on foot and specific performance was ordered, with price adjuste…