MacIndoe v Mainzeal Group Ltd [1991] 3 NZLR 273 is a cited case in New Zealand regarding the legal enforceability of a contract where there is a breach of a stipulation.
Background
MacIndoe purchased a stratum title in a property development from Mainzeal, with payments to be paid by instalments.
Clause 8 of the sale agreement made making time of the essence to pay the instalments.
MacIndoe was later late on paying an instalment, and as a result, Mainzeal cancelled the contract.
Held
Given that paying the instalment on time was an essential part of the contract, Mainzeal were entitled to treat the contract as being repudiated.