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]
| MacIndoe v Mainzeal Group Ltd | |
|---|---|
 | |
| Court | Court of Appeal of New Zealand |
| Full case name | MacIndoe v Mainzeal Group Ltd |
| Decided | 18 March 1991 |
| Citation | [1991] 3 NZLR 273 |
| Court membership | |
| Judges sitting | Cooke P, Richardson J, Hardie Boys J |
Background
editMacIndoe 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
editGiven that paying the instalment on time was an essential part of the contract, Mainzeal were entitled to treat the contract as being repudiated.
References
edit- ^ 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.
- ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. p. 197. ISBN 0-408-71770-X.
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