Contract and Commercial Law Act 2017

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment and Ministry of Justice
39 Parties with substantially same interest

(1)

A party who has substantially the same interest under the contract as the party whose act constitutes the repudiation, misrepresentation, or breach may cancel the contract only with the leave of the court.

(2)

The court may, on application made for the purpose, grant leave under subsection (1) if it is satisfied that it is just to do so.

(3)

The leave may be granted on the terms and conditions that the court thinks fit.

Compare: 1979 No 11 s 7(6), (7)