New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Waiver of conditions precedent
  • 7 Feb 2007

    YARDLEY AND WILLIAMS V SHARP AND SHARP HC WANG CIV 2006 483 65

    Citation
    openlaw-957a2a3f_150d_49a8_a179_5b96de17874a.pdf
    Court
    High Court

    Leave to appeal was refused because the appellants failed the Snee v Snee test: their proposed grounds were either untenable or would not affect the outcome given the purchasers' solicitor's 29 August 2003 letter which waived or confirmed fulfilment of the contractual conditions and rendered the contract unconditional; alleged procedural unfairness or bias was not established and in any event would not have changed the determinative effect of the waiver.

    • Summary judgment
    • Waiver of conditions precedent
    • Condition subsequent
    • Misrepresentation
    • Misleading or deceptive conduct
    • Implied duty of good faith