Xing Hua Du v Ming Gu - SC 127/2011

Civil Appeal – Joint Venture Agreement – The applicant and respondent were parties to a joint venture agreement, the terms of which were breached by the respondent, but the respondent raised a number of positive defences – The Court of Appeal held that the respondent was allowed to avoid the joint agreement because of the applicant’s failure to comply with ss 63 and 64 of the Real Estate Agents Act 1976 – Whether the Court of Appeal erred in finding that the termination of the agency agreement between the applicant and a real estate agency required, by way of reasonable notice, not less than 14 days notice – Whether the Court of Appeal erred in finding that, because the agency agreement was still afoot, and because ss 63 and 64 of the Real Estate Agents Act were not complied with, the joint venture agreement was voidable – Whether the Court of Appeal erred in holding that the respondent’s cancellation of the joint venture agreement was a valid exercise of her rights under s 63(3) of the Real Estate Agents Act.[2011] NZCA 577  CA 867/2010