Mana Property Trustee Ltd v James Developments Ltd

[2010] NZSC 11

IN THE SUPREME COURT OF NEW ZEALAND

SC 105/2009
[2010] NZSC 11

BETWEENMANA PROPERTY TRUSTEE LTD

Appellant

ANDJAMES DEVELOPMENTS LTD

Respondent

Court:Blanchard, McGrath and Wilson JJ

Counsel:J McCartney SC for Appellant

C S Withnall QC for Respondent

Judgment:1 March 2010 

JUDGMENT OF THE COURT

A            The application for leave to appeal is granted.

B            The approved grounds are:

(i)Whether cl 18.3 of the agreement for sale and purchase was an essential term; and

(ii)Whether, in any event, the respondent was entitled to cancel the agreement by the notice it gave on 3 November 2008 without prior issuance and expiry of a settlement notice.

Solicitors:

Graeme Skeates Law, Auckland for Appellant

La Hood Van Aart, Dunedin for Respondent