Markholm Construction Co Ltd v Wellington City Council [1985] 2 NZLR 520 is a cited case in New Zealand regarding contract formation.[1][2]
| Markholm Construction Co Ltd v Wellington City Council | |
|---|---|
 | |
| Court | High Court of New Zealand |
| Full case name | Markholm Construction Co Ltd (First Plaintiff) & Mark William Stephen Markholm (Second Plaintiff)v Wellington City Council |
| Decided | 6 August 1984 |
| Citation | [1985] 2 NZLR 520 |
| Transcript | High Court judgment |
| Court membership | |
| Judge sitting | Jeffries J |
Background
editThe Wellington City Council had advertised sections for sale by ballot in a new subdivision. After finding this ballot heavily oversubscribed, the council realised that the sections had been significantly undervalued.
As a result, the council refused to go through with the ballot, and cancelled the ballot.
The Markholm's sued the council for specific performance for the contract - to go through with the sale of the sections by ballot.
Held
editThe court ruled it was a legally binding contract. However, the court refused to order specific performance given the odds of winning in the ballot, and damages instead were awarded.
References
edit- ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. 220. ISBN 0-86472-555-8.
- ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. pp. 6–7. ISBN 0-408-71770-X.