Delmonte v Abell - [1948] NZLR 122

Contract — Specific Performance — Servicemen's Settlement and Land Sales — Purchase of Stock-in-trade and Goodwill of General Store Business with Lease to Purchaser of Land — Subsequent Agreement for Sale and Purchase of Freehold — Whether a Related Transaction — Land Sales Committee imposing Condition of Consent that Vendor give Credit to Purchaser for Amount overpaid for Business — Committee's Power to impose such Condition — Whether Specific Performance of Condition could be Enforced — Acceptance of Condition by Vendor necessary — "In respect of land" — Servicemen's Settlement and Land Sales Act, 1943, s 50 (2) (3) and (3) (b) — Servicemen's Settlement and Land Sales Amendment Act, 1946, s 9 (1).

Practice — Jurisdiction — Land Sales Court Order — Excess of Jurisdiction in Force of Order — Whether examinable by Supreme Court.