Court of Appeal Wellington
26 October; 5 November 1990
Richardson, Somers and Hardie Boys JJ
26 October; 5 November 1990
Richardson, Somers and Hardie Boys JJ
Sale of land — Vendor and purchaser — Option to purchase — Purchaser in possession after exercise of option but before payment of purchase price — Whether interest payable for this period in absence of contractual provision — Rate of interest payable — Principles to be followed — Relevance of inflation history.
Equity — Purchaser in possession after exercise of option but before payment of purchase price — Whether implied promise to pay interest on outstanding purchase price — Rate of interest payable — Principles to be followed — Relevance of inflation history — Whether implied promise to pay within expression 'debt or damages' in Judicature Act 1908 - Judicature Act 1908, s 87(1).
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