Phoenix Property Investors Ltd v Grange Securities Ltd

Phoenix Property Investors Ltd v Grange Securities Ltd

The defendant failed to complete material works listed in the snagging list to the reasonable satisfaction of the claimant, including unresolved damp and mechanical/electrical issues. The defendant's refusal to perform further works constituted a repudiatory breach of contract, entitling the claimant to rescind and recover the £200,000 paid.

Parties
Claimant: Phoenix Property Investors Ltd; Defendant: Grange Securities Ltd
Jurisdiction
England and Wales
Judgment Date
05 May 2011
Procedural Posture
Civil / Judgment
Outcome
Judgment for the claimant
Legal Topics
Repudiatory Breach, Sale of Land, Deposit Repayment, Completion of Works, Snagging List, Condition Precedent
Contract Law Property Law Repudiatory Breach Sale of Land Deposit Repayment Completion of Works Snagging List Condition Precedent

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Parties

Phoenix Property Investors Ltd

Claimant

Grange Securities Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant completed the works required by the contract
  2. 2 Whether the claimant was entitled to rescind the contract and recover the deposit
  3. 3 Whether the defendant was in repudiatory breach

Ratio Decidendi

The defendant failed to complete material works listed in the snagging list to the reasonable satisfaction of the claimant, including unresolved damp and mechanical/electrical issues. The defendant's refusal to perform further works constituted a repudiatory breach of contract, entitling the claimant to rescind and recover the £200,000 paid.

Court Disposition

Judgment for the claimant

Orders

  • Repayment of £200,000 to claimant
  • Payment of interest on £200,000