15 Dec 2011
VERBOEKET V SEAVIEW ROAD LIMITED HC WN CIV-2010-032-190
- Citation
- openlaw-b4e79e7d_a081_46eb_b357_9564e586c42f.pdf
- Court
- High Court
The vendor's 23 December 2009 cancellation was effectively reinstated by the purchaser's subsequent letters and accepted by the vendor, creating a binding (unconditional) contract; the purchaser acted dishonestly regarding receipt of the cancellation; the alleged failure to disclose the Nicholls lease was inadvertent and caused no proven loss so equitable and Fair Trading Act claims fail; purchaser failed to tender settlement and vendor validly cancelled for non‑settlement and is entitled to damages of $467,925.32.