High Court Wellington
23, 24, 25 August; 29 November 1982
Greig J
Court of Appeal Wellington
14 March; 31 May 1984
Woodhouse P, McMullin and Somers JJ
23, 24, 25 August; 29 November 1982
Greig J
Court of Appeal Wellington
14 March; 31 May 1984
Woodhouse P, McMullin and Somers JJ
Contract — Mistake — Sale of land — Owner of land signed an agreement for sale and purchase of four lots under the mistaken belief that she was selling three lots — Purchaser was unaware of owner's mistake — Owner refused to sign transfer of land — Purchaser sued for specific performance — Whether a plea of non est factum was available — Whether defendant was entitled to any relief once she had signed the contract of sale — Whether specific performance should be ordered — Contractual Mistakes Act 1977, ss 4, 5, 6 and 7.
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