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Southbourne Investments Limited v Greenmount Manufacturing Limited - SC 96/2006

Media releases

Summary

Civil appeal – option in deed of lease to purchase the relevant land - lessee’s purported exercise of option rejected by lessor because the exercise allegedly failed to conform with terms of the option – Court of Appeal, applying the Reporoa Stores “exact compliance” test, held that the option was validly exercised – whether the Court of Appeal in substance applied the “exact compliance” test – whether there was in fact “exact compliance” with the terms of the option. CA 90/06 21 November 2006

Result

Application for leave to appeal granted.
20 April 2007
___________________________
The appeal is allowed and the orders for summary judgment and specific performance are set aside.
The proceeding is remitted to the High Court.
The appellant is awarded costs in this Court of $13,000 together with reasonable disbursements to be fixed if necessary by the Registrar.

The costs order in the Court of Appeal is set aside. The appellant is awarded costs in that Court of $3,000.
2 August 2007

Hearing Transcripts

Related Documents

Court of Appeal decision — NZLII: Greenmount Manufacturing Ltd v Southbourne Investments Ltd [2006] NZCA 315

Leave judgment - leave granted — SOUTHBOURNE INVESTMENTS LIMITED v GREENMOUNT MANUFACTURING LIMITED SC 96/2006 [20 April 2007] (PDF 22 KB)

Additional document — Transcript Hearing date 28 June 2007 (PDF 346 KB)

Substantive judgment — SOUTHBOURNE INVESTMENTS LIMITED v GREENMOUNT MANUFACTURING LIMITED SC 96/2006 [2 August 2007] (PDF 47 KB)