31 May 2018
STRACK & ORS v GREY [2018] NZHC 1254
- Citation
- (2018) 19 NZCPR 687
- Court
- High Court
Clause 9.3 requires a written building report sufficient to permit an objective property‑specific assessment; defendant cancelled before obtaining an adequate written report and the Linwood email was insufficient to discharge clause 9.3; that conduct amounted to repudiatory breach entitling vendors to cancel; vendors proved breach but not loss because defendant failed to prove he would have obtained finance, so damages limited to nominal $100.