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Vikram Kumar and Nirupama Kumar, Robert James Selwyn, Michael Donaldson and Patricia Bronwyn Donaldson v Station Properties Limited (in receivership and liquidation) - SC 39/2013

Summary

Contract interpretation – Essentiality of terms – Whether respondents breached essential terms of the contract – Repudiation of contract – Whether the Court of Appeal was correct to conclude that the respondents were entitled to cancel the contract with the applicants for repudiation and claim damages.  [2013] NZCA 90  CA 715/2012

Result

Leave to appeal is granted. The approved question is whether Station Properties Ltd was entitled to cancel the agreements for sale and purchase.
21 August 2013
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The appeal is allowed. The orders of Toogood J are reinstated.
The respondent must pay costs of $25,000 to the appellants collectively, together with reasonable disbursements.
The order for costs in the Court of Appeal is quashed.  Costs in that Court are to be fixed in light of this judgment.
15 October 2014   
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A  The application for recall is dismissed.
B Costs of $10,000 plus usual disbursements are awarded to the appellants.
C The judgment of this Court of 15 October 2014 (Kumar v Station Properties [2014] NZSC 146) is reissued with the corrections and additions noted in the Appendix to this judgment.
1 April 2015

Related Documents

Substantive judgment — VIKRAM KUMAR AND NIRUPAMA KUMAR v STATION PROPERTIES LIMITED (IN LIQUIDATION AND IN RECEIVERSHIP) [2015] NZSC 34 [15 October 2014] (PDF 421 KB)

Recall judgment — VIKRAM KUMAR AND NIRUPAMA KUMAR v STATION PROPERTIES LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2015] NZSC 33 [1 April 2015] (PDF 342 KB)

Additional Information

Transcripts

Hearing 12 November 2013

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.

Hearing date recall : 8 December 2014