Bello v Dunelton Properties Ltd [2002] EWCA Civ 601 (18 April 2002)

Bello v Dunelton Properties Ltd [2002] EWCA Civ 601 (18 April 2002)

The contract formed at auction incorporated the standard and special conditions of sale, which required the buyer to complete certain formalities. The buyer's failure to comply entitled the seller to rescind and resell. There was no real prospect of success on appeal, and no important point of principle or practice was raised.

Citation
[2002] EWCA Civ 601
Parties
Claimant/applicant: Bello; Defendant/respondent: Dunelton Properties Ltd
Jurisdiction
England and Wales
Judgment Date
18 April 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Auction Sales, Contract Formation, Conditions of Sale, Remedies for Breach, Unfair Contract Terms
Property Law Contract Law Auction Sales Contract Formation Conditions of Sale Remedies for Breach Unfair Contract Terms

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Parties

Bello

Claimant/applicant

Dunelton Properties Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the contract for sale at auction incorporated the standard and special conditions of sale
  2. 2 Whether the seller was entitled to rescind the contract and resell the property after the buyer failed to complete
  3. 3 Whether the Unfair Contract Terms Act 1977 applied to the auction conditions

Ratio Decidendi

The contract formed at auction incorporated the standard and special conditions of sale, which required the buyer to complete certain formalities. The buyer's failure to comply entitled the seller to rescind and resell. There was no real prospect of success on appeal, and no important point of principle or practice was raised.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused