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The court dismissed breach of contract claims, ordered a sale of jointly owned property to Mr. Sutter, and set a valuation process under the Partition of Property Act.
The court dismissed a claim that a seller’s lawyer wrongfully released buyers’ deposits. It found no trust arose, no duty to inquire was triggered, and no negligence or fiduciary breach was proven.
The court cancelled a certificate of pending litigation over Smith Street properties, conditional on the defendants posting $750,000 security.
The judge erred in granting summary judgment for Q2 because there was no conclusive admissible evidence that NSPI gave the written notice required by the contract, creating a genuine issue for trial; conversely the judge erred in refusing summary judgment for Q3 and Q4 because the undisputed contract terms and discovery evidence showed AMCI had the ability to source or deliver via other ports and made no adequate efforts to do so, so force majeure did not apply and summary judgment for NSPI on 200,000 tonnes for Q3 and Q4 was warranted.
Source excerpt
The court required the plaintiff to give an undertaking and post security to support a CPL, setting initial security at $50,000 plus monthly increases.
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