Hutton v Palmer - [1990] 2 NZLR 260

Contract — Sale of land — Specific performance — Vendor and purchaser agreed that they would exchange farm lands and that before settlement purchaser would install water supply to a dwelling on his land by means of a one inch pipe — Exchange agreement provided that contract would be void if necessary consents were not obtained by settlement date — Consents were not obtained by that date but parties continued to negotiate — Consents were later obtained — Purchaser installed piped water to his dwelling from a source of supply on forestry land, obtaining licences terminable on three months notice — Vendor insisted that the exchange agreement required the purchaser to provide registrable easements for the water supply — High Court ordered vendor to specifically perform the contract and vendor appealed — Whether contract was void — Whether purchaser was required to provide registrable easements for water supply — Whether decree for specific performance should have been made — Whether decree should be rescinded.

Contract — Sale of land — Failure to settle — Transfer of farm land leased under renewable Crown leases — Vendor failed to settle because Land Settlement Board's consent to transaction had not been obtained by settlement date — Whether failure to settle was a default by vendor — Whether there was any breach of contract to which damages could attach.