Savill v Chase Holdings (Wellington) Ltd - [1989] 1 NZLR 257

Contract — Enforcement of contract — Agency — Vendor entered into contract with company A for the sale of shares conditional upon company B (of which company A was a subsidiary) transferring certain land to vendor in part satisfaction of purchase price — Land was registered in the name of company C (another subsidiary of company B) - Company A advised that condition was satisfied when in fact company B had not agreed to transfer the land and refused to do so — Vendor sought specific performance against companies A and B - Vendor also lodged caveats against the titles to the land — Whether company A was an actual or implied agent of company B - Whether company A had apparent or ostensible authority to act as agent for company B - Whether corporate veil should be lifted — Whether specific performance of contract should be granted — Whether, if caveats were ordered to be removed, company C was entitled to damages from vendor pursuant to s 146 of the Land Transfer Act 1952.

Practice and procedure — Appeals — Whether appellant may advance in Court of Appeal a ground of appeal which was not advanced in the High Court — Whether caveat should remain in force pending caveator's appeal to Privy Council — Whether when both High Court and Court of Appeal have made concurrent findings of fact, Privy Council will embark on a third trial of the issues of fact.