Member Login

Receiver acted reasonably and properly in rescinding contract for sale of lands

By: James Cross BL

or click here to request site subscription to search and view all judgments

High Court dismisses claim for specific performance of a contract for the sale of lands, on the grounds that the receiver acted reasonably and properly in calling on the proposed purchaser to withdraw his objections and, when the proposed purchaser declined to do so, in rescinding the contract.

Commercial court - specific performance of a contract for the sale of lands - receiver argued that he was entitled to and did validly and reasonably rescind the contract pursuant to the terms of the contract - General Condition 18 – pre-contract – contract negotiations - mapping and encroachment matters - first General Condition 18 Notice – notice to rescind - meeting – contract for sale – events after the meeting - second General Condition 18 Notice - proposed novation of the Contract for Sale – mapping - alleged encroachment - condition of the property - third General Condition 18 Notice – the contract – relevant special conditions – relevant general conditions - objections and requisitions on title and replies thereto - appointment of second receiver - late witness statement – witness statements not in accordance with the rules of court - disclosure that a witness statement which had been delivered in the name of a Mr. Harte, the plaintiff s engineer, had never even been seen, let alone verified, by him - witness statements had also been delivered on behalf of two witnesses who were never called – no verification as to the authorship - issues identified in submissions.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Reply

Your email address will not be published. Required fields are marked *