MacIndoe v Mainzeal Group Ltd
| MacIndoe v Mainzeal Group Ltd | |
|---|---|
 | |
| Court | Court of Appeal of New Zealand |
| Full case name | MacIndoe v Mainzeal Group Ltd |
| Decided | 18 March 1991 |
| Citation | [1991] 3 NZLR 273 |
| Court membership | |
| Judges sitting | Cooke P, Richardson J, Hardie Boys J |
MacIndoe v Mainzeal Group Ltd [1991] 3 NZLR 273 is a cited case in New Zealand regarding the legal enforceability of a contract where there is a breach of a stipulation.[1][2]
Background
[edit]MacIndoe purchased a stratum title in a property development from Mainzeal, with payments to be paid by instalments.
Clause 8 of the sale agreement made making time of the essence to pay the instalments.
MacIndoe was later late on paying an instalment, and as a result, Mainzeal cancelled the contract.
Held
[edit]Given that paying the instalment on time was an essential part of the contract, Mainzeal were entitled to treat the contract as being repudiated.
References
[edit]- ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. 368. ISBN 0-86472-555-8.
- ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. p. 197. ISBN 0-408-71770-X.
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