Decided 06 August 1984 Transcript(s) High Court judgment End date August 6, 1984 | Citation(s) [1985] 2 NZLR 520 Judge(s) sitting Jeffries J | |
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Full case name Markholm Construction Co Ltd (First Plaintiff) & Mark William Stephen Markholm (Second Plaintiff)v Wellington City Council | ||
Markholm Construction Co Ltd v Wellington City Council [1985] 2 NZLR 520 is a cited case in New Zealand regarding contract formation.
Contents
Background
The Wellington City Council had advertised sections for sale by ballot in a new sub division. After finding this ballot heavily oversubscribed, the council realised that the sections had been significantly undervalued.
As a result, the council refused to go through with the ballot, and cancelled the ballot.
The Markholm's sued the council for specific performance for the contract - to go through with the sale of the sections by ballot.
Held
The court ruled it was a legally binding contract. However, the court refused to order specific performance given the odds of winning in the ballot, and damages instead were awarded.