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G A Nightingale v B P James [2016] NZDC 23223

Published 09 March 2017

Sale and purchase agreement — contract dispute — damages. The Judge determined that the agreement had been concluded and that alleged misrepresentations about the nature of the property were not made. The defendants were well aware the property was a cross-lease at the time they entered into the agreement. As per the contractual terms, the plaintiffs were able to recover the deposit of $60,000 as damages notwithstanding that the property was on-sold. Interest on that amount was granted, as well as costs and disbursements reasonably incurred. Judgment Date: 23 November 2016.

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