Court of Appeal Wellington
26 February; 10 June 1987
Cooke P, McMullin and Casey JJ
26 February; 10 June 1987
Cooke P, McMullin and Casey JJ
Contract — Sale of land — Jurisdiction to order damages in addition to specific performance — Laches — Abuse of process — Three years after obtaining a decree for specific performance the purchasers of farm land sought damages for delay in settlement — Whether the purchasers' failure to claim damages in the action for specific performance was a bar to their later claim — whether the doctrine of laches debarred the purchasers from pursuing their claim for damages — Whether, once a decree for specific performance has been made, the Court has jurisdiction later to make a supplementary order for an inquiry into additional damages — High Court Rules, R 384.
Loading... Please wait...
