Supreme Court - Otago Station Estates Ltd Decision
Supreme Court of New Zealand
19 April 2005
Media Release – Otago Station Estates Ltd V John Robert Parker And David John Parker And Lorraine Maree Parker (Sc Civ 6/2004) Press Summary
This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.courts.govt.nz/judgments.
The Supreme Court has held that a purchaser under an agreement for sale and purchase of land did not remedy its failure to pay the deposit by tendering its personal cheque within the time period stipulated in a notice from the vendors as provided for in the contract. The vendors were entitled to timely payment of the deposit by legal tender, bank cheque or other cleared funds. They did not have to accept the personal cheque of the purchaser and await clearance through the banking system.
The Court unanimously affirmed the decision of the Court of Appeal which had dismissed the purchaser’s appeal from the High Court.