X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]
...establish it had insisted on the condition on 19 December, and never queried the lack of the condition when it got the contract back, signed by the Trust, further confirming the agent’s understanding. 19. Throughout both proceedings about this matter, the agent’s weakest link has always been the text he sent on 18 December, in which he confirmed he would put a kiwifruit condition in the contract. However, there has been a subsequent interaction that has led the agent, in error, t...