Peeters and Another v Schimanski - [1975] 2 NZLR 328

Sale of land — Restrictive legislation — Failure to apply for consent to sale of farm land within one month of execution of contract — Purchaser failing to comply with terms of contract not default of vendor — No implied contractual obligation to make or co-operate in application for consent after statutory month expires unless application for extension of time has been filed — Land Settlement Promotion and Land Acquisition Act 1952, s 25.

Sale of land — Specific performance — Vendor drunk at time of execution of agreement for sale to extent of depriving him of business sense — Purchaser knowing his state took unfair advantage of vendor — Equity would neither grant specific performance nor set aside contract.

Contract — Capacity of parties — One party drunk to extent of depriving him of business sense but not of his reason capable of entering into a contract — Equity will not enforce or set aside contract but may order inquiry as to damages if other party knew and took unfair advantage.

Time — Meaning of one month is a calendar month — Land Settlement Promotion and Land Acquisition Act 1952, s 25(1)(a).