SUPREME COURT JUDGMENT

Southland Times, Issue 24841, 5 September 1942, Page 4

SUPREME COURT JUDGMENT

Reserved judgment in the action for the recovery of a deposit of £2OOO paid under a written contract for the sale and purchase of land in Dee street, heard in the Supreme Court in May, has been given by his Honour, Mr Justice Kennedy. The parties were Southland Investments, Limited (Mr F. S. Wilding, Christchurch, and Mr N. L. Watson), the plaintiff, and the Public Trustee (Mr H. J. Macalister) the defendant. The plaintiff sought the rescission of a contract to purchase an area of land and buildings in Dee street, known as the Federal Buildings, because a small area, known as lot eight, was subsequently found to be part of the Regent Theatre and not available to the purchaser. His Honour found that the property, even shorn of lot eight, was essentially and substantially that which the plaintiff contracted to buy and it cbuld not be said that the omissions were such that it might reasonably be supposed that, but for their inclusion, the plaintiff would never have contracted. The non-lnclusion of lot eight did necessitate certain structural alterations and might affect the lighting of the main building if .a building was carried upwards, but this, he was a matter for which compensation might be fairly estimated and might be given. The defendant on his counter-claim would have a decree for specific performance of the contract subject to compensation for the omission of lot eight. The precise terms of the decree would be settled in chambers.