Chinnock v Hocaoglu & Anor

Special condition 26 did not require the sum to be paid as part of the money due upon completion; payment at 2.44pm on the tenth working day after notice to complete was not out of time under the contract, as special condition 10 did not apply after the contractual completion date and standard condition 6.1.2 governed the timing.

Parties: Appellant/claimant: Raymond Chinnock; Respondent/defendant: Mustafa Hocaoglu; Respondent/defendant: Vasfiya Hocaoglu
Jurisdiction: England and Wales
Judgment Date: 29 October 2008
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: appeal allowed; respondent's notice dismissed
Legal Topics: Specific Performance, Sale of Land, Contract Construction, Completion of Contract, Notices to Complete

Property Law Contract Law Specific Performance Sale of Land Contract Construction Completion of Contract Notices to Complete

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 10

Parties

Raymond Chinnock

Appellant/claimant

Mustafa Hocaoglu

Respondent/defendant

Vasfiya Hocaoglu

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the sum under special condition 26 was payable as part of the money due upon completion
2 Whether completion by payment at 2.44pm on the tenth working day after notice to complete was out of time under the contract

Ratio Decidendi

Court Disposition

appeal allowed; respondent's notice dismissed

Orders

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