Property Ventures Limited v Regalwood Holdings Limited

[2009] NZSC 5

IN THE SUPREME COURT OF NEW ZEALAND

SC 85/2008
[2009] NZSC 5

BETWEENPROPERTY VENTURES INVESTMENTS LTD

Appellant

ANDREGALWOOD HOLDINGS LTD

Respondent

Court:Elias CJ, Blanchard and Tipping JJ

Counsel:A J Forbes QC for Appellant

R A Osborne and H R Smith for Respondent

Judgment:4 February 2009 

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

B        The approved grounds of appeal are:

1.Whether the purchaser was entitled to settle its purchase of land from the vendor with an abatement of the purchase price by way of compensation by reason of breach of warrantees of compliance with the Building Act 1991 and of the existence of and qualification for a building warrant of fitness (the existence of such breaches for present purposes being assumed);

2.Whether, if the purchaser was so entitled, its claim for compensation was sufficiently made;

3.Whether the vendor was entitled to cancel the contract at the time when it gave its notice of cancellation.

Solicitors:
Cousins & Associates, Christchurch for Appellant
Duncan Cotterill, Christchurch for Respondent