Westvilla Properties Ltd v Dow Properties Ltd

Westvilla Properties Ltd v Dow Properties Ltd

The contract was not void for uncertainty as the missing plans could be supplied by extrinsic evidence and the blank service charge percentage could be construed as 36%, based on the factual matrix and commercial realities. Dow was not ready, able, and willing to complete the contract on its terms during the notice period, so its purported rescission was invalid.

Parties
Claimant: Westvilla Properties Limited; Defendant: Dow Properties Limited
Jurisdiction
England and Wales
Judgment Date
15 January 2010
Procedural Posture
Civil / Judgment
Outcome
Specific performance granted.
Legal Topics
Specific Performance, Certainty of Contract Terms, Interpretation of Contracts, Rescission of Contract
Contract Law Property Law Specific Performance Certainty of Contract Terms Interpretation of Contracts Rescission of Contract

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Parties

Westvilla Properties Limited

Claimant

Dow Properties Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Does the absence of the plans attached to the draft Intended Lease attached to the Contract make it void for uncertainty?
  2. 2 Does the blank service charge percentage in the draft Intended Lease attached to the Contract make it void for uncertainty?
  3. 3 Did Dow validly rescind the Contract on 12th June 2008, based on its 28th May Notice?

Ratio Decidendi

The contract was not void for uncertainty as the missing plans could be supplied by extrinsic evidence and the blank service charge percentage could be construed as 36%, based on the factual matrix and commercial realities. Dow was not ready, able, and willing to complete the contract on its terms during the notice period, so its purported rescission was invalid.

Court Disposition

Specific performance granted.

Orders

  • Order for specific performance of the contract as sought by Westvilla.
  • Further hearing on precise form of order, interest, and costs if not agreed.