Nicholas v Ingram

JurisdictionNew Zealand
Date1958
CourtSupreme Court
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5 cases
  • Lian Seng Company Sdn Bhd; Sekemas Sdn Bhd
    • Malaysia
    • Supreme Court (Malaysia)
    • Invalid date
  • Titanic Quarter Ltd v Neil Rowe
    • United Kingdom
    • Chancery Division (Northern Ireland)
    • 26 August 2010
    ...would not amount to a defence to an application for specific performance. See Roberts v O’Neill (1983) IR 47; Nicholas v England (1958) NZLR 972 and Snell on Equity 31st Edition page 495ff. The remedy is customarily awarded, partly on the basis that damages are not an adequate remedy. This ......
  • Waitarere Rise Ltd v Re Rangi and Sj Rangi Hc Pmn
    • New Zealand
    • High Court
    • 16 March 2010
    ...[1967] NZLR 405 at 414. Not only is it doubtful whether “mere financial inability” can amount to great hardship ( Nicholas v Ingram [1958] NZLR 972), but the Court must also consider whether on the other hand an order for specific performance would cause hardship to the plaintiff. In my vie......
  • Millbrook Country Club Limited v S F M Investments Limited and
    • New Zealand
    • High Court
    • 10 December 2009
    ...not be ordered because of great hardship to the defendant. The relevant authorities are referred to by Hutchison J. in Nicholas v Ingram [1958] NZLR 972. The learned Judge’s views as to the effect of authorities may be summarised as follows: (a) the hardship that operates as a defence must,......
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