Steele and Roberts v Serepisos

[2006] NZSC 4

IN THE SUPREME COURT OF NEW ZEALAND

SC 68/2005
[2006] NZSC 4

BETWEENROGER WILSON STEELE AND CHRISTINE LYNNE ROBERTS

Appellants

ANDELEFTARIOUS SEREPISOS

Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:R C Laurenson for Appellants

S M O'Sullivan for Respondent

Judgment:15 February 2006 

JUDGMENT OF THE COURT

A.Leave to appeal is granted to both parties.

B.The approved ground of the appellants’ appeal is whether the appellants could validly cancel the contract with the respondent for the sale of Lot 2 without first giving him a notice making time of the essence which afforded him a reasonable opportunity of endeavouring to satisfy the condition implied into the contract by s 225 of the Resource Management Act 1991.

C.The approved ground of the respondent’s appeal is whether in circumstances where the local authority subdivisional consent required provision of sewer and stormwater drains to the public services in Palliser Road, the appellants’ obligation under s 225 required them to provide such drains through the balance of their property (Lot 2) if no alternative route was available.

Solicitors:
Sladden Cochrane & Co, Wellington for Appellants
Phillips Fox, Wellington for Respondent