Discharge of order for specific performance — entitlement to cancel agreement — whether to determine application without notice — District Courts Rules 2014, rr 7.12, 7.16 and 7.39 — Vincent Street Trustee Ltd v De Jongh [2011] 11 NZCPR 794 — Pegasus Town Ltd v Wong [2011] 11 NZCPR 524. The plaintiff's application for discharge of an order for specific performance and declaration that the plaintiff is entitled to cancel a sale and purchase agreement was granted. On the evidence, enforcing the order for specific performance would be pointless and it was therefore just and equitable to discharge the order and allow the plaintiff to cancel the agreement. The Judge was satisfied that requiring the plaintiff to proceed on notice would cause undue delay or prejudice and it was therefore in the interests of justice to require the application to be determined without further delay. The defendant's conduct which led to these conclusions included neglect/failure to settle despite summary judgment being entered against him and the plaintiff providing ample opportunity to comply. Judgment Date: 7 October 2016.