Decided 18 March 1991 End date March 18, 1991 | Citation(s) [1991] 3 NZLR 273 | |
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Full case name MacIndoe v Mainzeal Group Ltd Judge sittings Robin Cooke, Baron Cooke of Thorndon, Ivor Richardson, Michael Hardie Boys | ||
MacIndoe v Mainzeal Group Ltd [1991] 3 NZLR 273 is a cited case in New Zealand regarding the legal enforcebility of a contract where there is a breach of a stipulation.
Contents
Background
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
Given that paying the instalment on time was an essential part of the contract, Mainzeal were entitle to treat the contract as being repudiated.
References
MacIndoe v Mainzeal Group Ltd Wikipedia(Text) CC BY-SA