Hunt v Wilson - [1975] 2 NZLR 592

Sale of land — Conditions of sale — Condition precedent not fulfilled by purchaser before the reasonable time within which contract to be completed — Condition precedent inserted solely for benefit of purchaser may be validly waived if waiver communicated to vendor before date of completion — Time for completion — Reasonable time for completion where no date fixed must be reasonable as regards both parties judged on the particular circumstances of each case — Relief against forfeiture — Purchaser in possession under agreement for sale and purchase generally entitled to notice of default pursuant to ss 50 and 118 of the Property Law Act 1952 but does not apply in respect of a default of a condition precedent or subsequent — Property Law Act 1952, ss 50, 118.

Arbitration — Arbitrator — Practice — Court no jurisdiction to appoint where contract provides arbitrator to be appointed on happening of certain event unless that event has happened — Court will not intervene where specific machinery for a valuation has been set up in the contract and breaks down, by exercising its powers to revoke an appointment of an arbitrator — Arbitration Act 1908, s 6; Arbitration Amendment Act 1938, s 5.