Davis v Capel and Another - [1959] NZLR 825

Contract — Novation — Agreement for Sale and Purchase — One Party contracting as Vendor on His Own Behalf — Party registered as Tenant in Common with that Party subsequently added to Agreement as Co-Vendor — Alteration ratified by Purchaser — Extinction of First Contract and Substitution of Another Contract — First Contract not made by Undisclosed Principals as One Set of Contracting Parties

Sale of land — Vendor and Purchaser — Land Sales Promotion — Agreement for Exchange of Land executed by One Party as Vendor — Consent of Land Valuation Committee given to Transaction — Subsequent Addition of Another Party as Co-vendor — No Consent of Land Valuation Committee to Substituted Contract sought — Such Contract Illegal and Void — Declaration accordingly — Land Settlement Promotion Act 1952, s. 23

Sale of land — Vendor and purchaser — Land Sales Promotion — Lease with Compulsory Purchase — Consent of Land Valuation Committee not sought — Covenant to Purchase Severable from Lease — Such Covenant Illegal and Void — Lease in All Other Respects valid — Declaration accordingly — Land Settlement Promotion Act 1952, s. 23.