Dempsey v Howe

Damages – sale of land 

Dempsey v Howe – [2015] NZCA 9 – Ellen France P, Harrison and Wild JJ – 5 March 2015

Calculation of damages – failure to settle property purchase on due date – agreement on foot while steps taken to resell – purported cancellation under vendor right to cancel by resale – whether contractual rate of interest appropriate measure of loss – whether gain and expenses on resale to be factored in – treatment of deposit. 

 

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