Robert James Sewtman v Westham Holdings

The Supreme Court of New Zealand heard an application for leave to appeal from a judgment dismissing an appeal against the entry of summary judgment in the High Court. The applicants, Robert James Sewtman and Westham Holdings, sought to appeal the decision against Globe Holdings. The applicants had entered into an agreement for the sale of land but failed to pay a required deposit, resulting in the respondent obtaining summary judgment for specific performance. The applicants argued that the vendor had submitted a survey plan, pre-empting their ability to do so, and that the obligation to take subdivisional steps lay on the vendor rather than the purchasers. The Court of Appeal had declined to admit further evidence, finding it irrelevant and not fresh. The Supreme Court considered the written submissions and determined that oral submissions were unnecessary. The court found that the applicants' arguments did not assist their case as they were the parties charged with the obligation to advance the subdivision under the agreement. The court also found that the Court of Appeal's decision not to allow additional evidence was orthodox in principle and unchallengeable on its merits. The Supreme Court concluded that the Court of Appeal's substantive decision did not engage any principle of general or public importance or of general commercial significance, and therefore dismissed the application for leave to appeal with costs to the respondent of $2,500.