Lodha Developers 1 GSQ Ltd v 1 GSQ 1 Ltd & Anor

Lodha Developers 1 GSQ Ltd v 1 GSQ 1 Ltd & Anor

The claimant validly terminated the agreement after the defendants failed to pay the third stage payment within the contractual grace period. The right to terminate was clearly set out in the contract and was not conditional on compliance with clause 9.3. Relief from forfeiture or specific performance is not available in ordinary contracts for the sale of land in these circumstances, and the defendants have no lien entitling them to retain the unilateral notices.

Parties
Claimant: Lodha Developers 1 GSQ Limited; Defendant: 1 GSQ1 Limited; Defendant: 1 GSQ2 Limited
Jurisdiction
England and Wales
Judgment Date
28 August 2020
Procedural Posture
Civil (property/contract) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Termination of Contract, Relief From Forfeiture, Summary Judgment, Lien, Sale of Land
Property Law Contract Law Termination of Contract Relief From Forfeiture Summary Judgment Lien Sale of Land

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Parties

Lodha Developers 1 GSQ Limited

Claimant

1 GSQ1 Limited

Defendant

1 GSQ2 Limited

Defendant

Procedural Posture

Civil (property/contract) / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant validly terminated the sale and purchase agreement
  2. 2 Whether the defendants have a real prospect of relief from forfeiture or specific performance
  3. 3 Whether the defendants have a lien entitling them to retain unilateral notices

Ratio Decidendi

The claimant validly terminated the agreement after the defendants failed to pay the third stage payment within the contractual grace period. The right to terminate was clearly set out in the contract and was not conditional on compliance with clause 9.3. Relief from forfeiture or specific performance is not available in ordinary contracts for the sale of land in these circumstances, and the defendants have no lien entitling them to retain the unilateral notices.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Declaration that the sale and purchase agreement has been validly terminated by the claimant
  • Order for removal of unilateral notices entered on the claimant’s title in respect of the agreement