R B Road Limited v Malcolm Alexander Johnstone and others - SC 97/2011

Civil Appeal – Contract – Conditional agreement for sale and purchase of land – Agreement conditional upon the vendor and purchaser, both acting reasonably, being satisfied with the terms and conditions attaching to subdivision consent issued by the Council – Whether the Court of Appeal erred in declining the appellant’s application for a summary judgment and remitting the proceeding back to the High Court for trial on the basis that there is a conflict of evidence as to whether the terms and conditions attaching to the subdivision consent could have been reasonably anticipated – Whether the Court of Appeal erred by not substantively addressing the appellant’s alternative argument that, even if the terms and conditions attaching to the subdivision consent could not have been reasonably anticipated, they imposed no burden on the respondents so they could not avoid the agreement on this basis.[2011] NZCA 393  CA 493/2010