Court of Appeal Wellington
25, 26 February; 18 March 1991
Cooke P, Richardson and Hardie Boys JJ
25, 26 February; 18 March 1991
Cooke P, Richardson and Hardie Boys JJ
Contract — Sale of land — Stratum freehold estate in building to be erected — Standard form of agreement for sale and purchase of real estate approved by the Real Estate Institute of New Zealand and New Zealand Law Society — Purchase price payable by instalments related to progress of construction — Contractual remedies on default — Whether construction company entitled to cancel contract after making time of the essence and after further default by purchaser — Whether cancellation excluded by contract or provision relating to remedies on default — Contractual Remedies Act 1979, ss 5 and 7.
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