Oxborough v North Harbour Builders Ltd

In 1999, the Oxborough's entered into a contract with a builder to build them a house, with construction to start in March, and to be completed by July.

However, early on in the build, the Oxboroughs complained about some of the workmanship, resulting in the builders in May to start remedial work to the house.

In August, the Oxboroughs informed the builders that they were cancelling the contract, claiming that the builder was repudiating the contract, and demanding that the builder to remove the nearly completed house and to refund all the money they had previously paid the builder.

The evidence did not prove that the builders did not intend to complete the contract.