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Innes v Ewing - [1989] 1 NZLR 598

$30.00

High Court Wellington
18, 19, 20, 21, 27, 28 April; 1 September 1988
Eichelbaum J
Contract — Sale of land — Undue aggregation of farm land — Contract for sale of freehold and Crown leasehold land was subject to consent of Land Valuation Tribunal and Land Settlement Board — Consent was refused by Land Settlement Board because both purchasers had contingent interests in other farm land — Purchasers then treated contract as void and at an end — Vendor resold and sued for costs and loss on resale — Whether either purchaser was required to divest himself of contingent interest in other farm land to avoid undue aggregation — Whether purchasers should have formed a 20 man company and designated the company as purchaser to avoid undue aggregation — Whether purchasers were in breach of contract — Land Settlement Promotion and Land Acquisition Act 1952, s 24 - Land Act 1948, ss 89 and 175.

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