High Court Wellington
18, 19, 20, 21, 22, 25, 26, 27, 28, 29 May; 2, 3, 4 June; 7 July 1992
Hillyer J
18, 19, 20, 21, 22, 25, 26, 27, 28, 29 May; 2, 3, 4 June; 7 July 1992
Hillyer J
Contract — Cancellation — Purchase of shares in holding company owning three trading subsidiaries — Warranty as to solvency — Whether breached meaning of solvency — Whether company relying on extended terms of credit was solvent — Whether warranty referred to the holding company only or to the whole group — Whether purchaser entitled to cancel.
Contract — Breach — Waiver or affirmation — Purchaser continued to trade after becoming aware of the breach — Whether delay in cancelling the contract amounted to waiver of the breach.
Contract — Damages — Cancelled agreement for sale and purchase of shares — Whether purchaser may recover profits that would have been made in addition to the money paid.
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