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High Court Wellington
1 April 1998
Barker J
1 April 1998
Barker J
Contract — Sale of land — Concluded oral contract to sell without deposit — Whether memorandum containing additional term as to deposit a sufficient note or memorandum — Contracts Enforcement Act 1956.
Contract — Formation — Oral contract for sale of land without deposit — Whether binding before written agreement entered into — Whether deposit essential part of contract for sale of land.
Property law — Caveat — Oral contract for sale of land without deposit — Memorandum containing terms additional to terms of oral contract — Whether sufficient evidence of contract to prevent lapse of caveat — Onus of establishing arguable case.