27 Jun 2019
JADE RESIDENTIAL LIMITED v PAUL [2019] NZHC 1484
- Citation
- [2019] NZHC 1484
- Court
- High Court
The High Court correctly held the Pauls validly cancelled for repudiation because Jade persistently refused to perform by refusing to return to the site and resume construction unless paid milestone invoices that were not due under the contract; the refusal amounted to an unequivocal intention not to perform and negotiation or dispute resolution activity did not prevent cancellation. Leave to appeal was refused because no arguable question of law or importance justified a further appeal.