2 Sept 2016
THE OFFICIAL ASSIGNEE v KINGSTON DEVELOPMENTS GROUP LTD [2016] NZCA 415
- Citation
- (2016) 17 NZCPR 531
- Court
- Court of Appeal
On the facts the vendor, through its solicitors, by words and decisive silence, gave an objective and unambiguous indication that settlement could not occur (because the mortgagee would not attend) and the vendor's solicitor knew facts (arrangement of a bank force limit) that removed that impediment but failed to disclose them; equitable estoppel accordingly prevented Kingston from treating the purchaser as in default and from cancelling the contract.