Slater Wilmshurst Ltd v Crown Group Custodian Ltd - [1991] 1 NZLR 344

Contract — Sale of land — Right of first refusal — Mistake — Implied term — Sale of land subject to lease containing right of first refusal not disclosed to purchaser — Contract cancelled when right of first refusal exercised — Whether vendor in breach of contract — Whether purchaser induced to enter contract by misrepresentation that vendor was able to sell — Whether there was an implied term that contract conditional upon tenant's right of first refusal — Whether there was a mistake in respect of which the vendor was entitled to relief — Whether purchaser prevented by rule in Bain v Fothergill from recovering damages — Measure of damages — Contractual Mistakes Act 1977, ss 6 and 7. — Rule in Bain v Fothergill (1874) LR 7 HL 158 - Damages

Equity — Fiduciary relationship — Sale of land subject to lease containing right of first refusal not disclosed to purchaser — Purchaser had been involved in original development of property — Whether purchaser had opportunity to obtain special knowledge — Whether purchaser under obligation to disclose that sale price was an under value — Whether purchaser in fiduciary relationship with vendor — Whether relationship breached by vendor's non-disclosure of right of first refusal.

Real estate agents — Person acting as an agent — Property development company — Prospective purchase of property — Whether acting on own behalf or on behalf of a Group — Applicability of Real Estate Agents Act 1976 ss 3, 63 and 64.

Law practitioners — Negligence — Sale of land subject to lease containing right of first refusal — Omission to search title to land — Failure to advise vendor of tenant's right to first refusal — Whether solicitors in breach of contractual obligations to vendor.