Court of Appeal Wellington
17 September; 12 October 1990
Richardson, Somers and Casey JJ
17 September; 12 October 1990
Richardson, Somers and Casey JJ
Contract — Conditions — Waivers of conditions — Whether inconsistency between clause allowing unilateral waiver after a specified date and clause entitling either party to bring the contract to an end after that date if the condition is not satisfied — Whether certain particular conditions were "financial conditions" for the purposes of the agreement — Whether purchasers entitled unilaterally to waive those conditions — Whether vendors entitled notwithstanding purported waiver by purchasers to bring contract to an end on the ground that these conditions had not been satisfied by due date — Whether purchasers entitled to specific performance.
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