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Kawarau Village Holdings Limited and Melview (Kawarau Falls Station) Investments Limited (in receivership) v Ho Kok Sun, Peninsula Road Limited (in receivership & in liquidation) and Russell McVeagh - SC 115/2016

Media releases

Summary

Civil appeal – Whether the Court of Appeal erred in its interpretation of a sale and purchase agreement – Whether there was breach of an essential obligation – Whether the purchasers were required to settle the agreement when called upon.NZCA 427 CA105/2015

Result

A Leave to appeal is granted (Sun and Ors v Peninsula Road Ltd (in rec and in liq) [2016] NZCA 427).
B The approved question is whether the Court of Appeal was correct to allow the respondents’ appeal to that Court.                    
21 December 2016
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A The appeal is dismissed.
B The appellants must pay the first respondents costs of $35,000 plus reasonable disbursements (to be fixed by the Registrar if necessary).  We allow for two counsel.
6 October 2017

Hearing Transcripts

Related Documents

High Court decision — SUN & ORS v PENINSULA ROAD LTD (In R’ship and in Liq) [2015] NZHC 126 [10 February 2015]

Court of Appeal decision — HO KOK SUN AND ORS v PENINSULA ROAD LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2016] NZCA 427 [9 September 2016]

Leave judgment - leave granted — KAWARAU VILLAGE HOLDINGS LIMITED v HO KOK SUN AND ORS [2016] NZSC 171 [21 December 2016] (PDF 107 KB)

Substantive judgment — KAWARAU VILLAGE HOLDINGS LIMITED v HO KOK SUN AND OTHERS [2017] NZSC 150 [6 October 2017] (PDF 610 KB)