Conlon v Ozolins

Conlon v Ozolins (1984) NZLR 489 is an important New Zealand case involving the legal issues of non est factum and mutual mistake.

[1][2] Mrs. Ozolins, an elderly widow from Latvia in her seventies decided to sell three of the four sections that were behind her house in Albert Street in Palmerston North.

She did not intend to sell the fourth section, as it was right behind her house and functioned as her back garden.

The mistake soon came to her attention, and she refused to transfer the fourth section to Mr. Conlon, where upon he filed for specific performance in the High Court, and won, with the court ordering her to transfer ownership of the fourth section to Mr. Conlon.

However she did win under section 6 (1) (a) (iii) of the Contractual Mistakes Act (1977), and the matter was referred back to the High Court for a remedy to the situation.