MacIndoe v Mainzeal Group Ltd

MacIndoe v Mainzeal Group Ltd
CourtCourt of Appeal of New Zealand
Full case name MacIndoe v Mainzeal Group Ltd
Decided18 March 1991
Citation[1991] 3 NZLR 273
Court membership
Judges sittingCooke P, Richardson J, Hardie Boys J

MacIndoe v Mainzeal Group Ltd [1991] 3 NZLR 273 is a cited case in New Zealand regarding the legal enforceability of a contract where there is a breach of a stipulation.[1][2]

Background

MacIndoe purchased a stratum title in a property development from Mainzeal, with payments to be paid by instalments.

Clause 8 of the sale agreement made making time of the essence to pay the instalments.

MacIndoe was later late on paying an instalment, and as a result, Mainzeal cancelled the contract.

Held

Given that paying the instalment on time was an essential part of the contract, Mainzeal were entitled to treat the contract as being repudiated.

References

  1. ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. 368. ISBN 0-86472-555-8.
  2. ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. p. 197. ISBN 0-408-71770-X.


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