Chinnock v Hocaoglu & Anor [2008] EWCA Civ 1175 (29 October 2008)

Chinnock v Hocaoglu & Anor [2008] EWCA Civ 1175 (29 October 2008)

Special condition 26 did not require payment of the specified sum as a condition of completion; the payment at 2.44pm on the tenth working day after notice to complete was not out of time, as special condition 10 did not apply after the contractual completion date and standard condition 6.1.2 governed the timing.

Citation
[2008] EWCA Civ 1175
Parties
Appellant Claimant: Raymond Chinnock; Respondent Defendant: Mustafa Hocaoglu; Respondent Defendant: Vasfiya Hocaoglu
Jurisdiction
England and Wales
Judgment Date
29 October 2008
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Appeal allowed; Respondent's Notice dismissed
Legal Topics
Specific Performance, Sale of Land, Contractual Interpretation, Notices to Complete, Rectification
Property Law Contract Law Specific Performance Sale of Land Contractual Interpretation Notices to Complete Rectification

Case Brief

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Parties

Raymond Chinnock

Appellant Claimant

Mustafa Hocaoglu

Respondent Defendant

Vasfiya Hocaoglu

Respondent Defendant

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the purchaser was required to pay the sum under special condition 26 as part of the money due on completion
  2. 2 Whether completion after 1pm on the tenth working day following a notice to complete was out of time under the contract

Ratio Decidendi

Special condition 26 did not require payment of the specified sum as a condition of completion; the payment at 2.44pm on the tenth working day after notice to complete was not out of time, as special condition 10 did not apply after the contractual completion date and standard condition 6.1.2 governed the timing.

Court Disposition

Appeal allowed; Respondent's Notice dismissed

Orders

  • Order for specific performance in favour of the claimant
  • Case remitted to the Chancery Division for determination of details of specific performance, including accounts and enquiries