“Ansley v Prospectus Nominees Unlimited”的意思、由来-开放百科全书

词条

Ansley v Prospectus Nominees Unlimited

释义

Background
Held
References

{{Orphan|date=September 2015}}{{Infobox court case
| name = Ansley v Prospectus Nominees Unlimited
| court = Court of Appeal of New Zealand
| date_filed =
| image = Coat of arms of New Zealand.svg
| date decided = 1 December 2003
| full name = BRUCE ROBIN ANSLEY AND JUSTINE ANN ANSLEY Appellants v PROSPECTUS NOMINEES UNLIMITED Respondent
| citations = [2004] NZCA 14; [2004] 2 NZLR 590; (2004) 5 NZ ConvC 193,914; (2004) 5 NZCPR 330; (2004) 10 TCLR 952 (3 March 2004)
| judges = Gault P, McGrath J, Anderson J
| prior actions =
| subsequent actions =
| opinions =
| transcripts = Court of Appeal judgment
| Keywords =
}}Ansley v Prospectus Nominees Unlimited [2004] NZCA 14; [2004] 2 NZLR 590; (2004) 5 NZ ConvC 193,914; (2004) 5 NZCPR 330; (2004) 10 TCLR 952 (3 March 2004) is a cited case in New Zealand regarding whether a party to a conditional contract can treat that contract as ended if they are responsible for the failure of the stipulated condition.^[1]

Background

PNU was subdividing a property in Wanaka. In October 2001, whilst the subdivision consent was tied up in the Environment Court, they entered into a conditional sale with the Ansleys for $1.05 million, on the proviso that PNU obtained the necessary consents by 28 February 2002.

Due to PNU not following up the consent in a timely manner, the consents did not eventuate until after this date, and as a result PNU claimed the Ansleys contract was at an end, leaving PNU to sell the property to a 3rd party for a higher price.

The Ansleys unsuccessfully sought specific performance for the transaction, and sued PNU for account of the profit they made on the resale of the property.

PNU argued that the contract was at an end. The Ansleys argued that the contract only ended due to PNU not pursuing the consent in a proper manner.

Held

The court held that PNU had not pursued the consent in a proper manner, and awarded the Ansleys PNU's profit on the resale.

References

1. ^{{cite book |title=An introduction to the Law of Contract in New Zealand |edition=4th |last1=Chetwin |first1=Maree |last2=Graw |first2=Stephen |last3=Tiong |first3=Raymond |publisher=Thomson Brookers |ISBN=0-86472-555-8 |year=2006 |page={{page needed|date=January 2014}}}}

4 : Court of Appeal of New Zealand cases|New Zealand contract case law|2003 in New Zealand law|2003 in case law

随便看

开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。