Get Nominees Limited v Trinity Welsh Homes Limited

Get Nominees Limited v Trinity Welsh Homes Limited

Time was of the essence for the right to rescind under clause 2.1 of the contract. The defendant failed to exercise its right to rescind within the 14-day period following the event of default, and therefore its purported rescission was invalid. The claimant is entitled to specific performance and associated costs.

Parties
Claimant: GET NOMINEES LIMITED; Defendant: TRINITY WELSH HOMES LIMITED
Jurisdiction
England and Wales
Judgment Date
09 September 2014
Procedural Posture
Civil / Trial Judgment
Outcome
Claimant succeeds; defendant's rescission invalid.
Legal Topics
Specific Performance, Rescission of Contract, Time of the Essence, Sale of Land
Contract Law Property Law Specific Performance Rescission of Contract Time of the Essence Sale of Land

Case Brief

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Parties

GET NOMINEES LIMITED

Claimant

TRINITY WELSH HOMES LIMITED

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether time was of the essence for exercising the right to rescind under clause 2.1 of the sale contract
  2. 2 Whether the defendant validly rescinded the contract after the expiry of the 14-day period

Ratio Decidendi

Time was of the essence for the right to rescind under clause 2.1 of the contract. The defendant failed to exercise its right to rescind within the 14-day period following the event of default, and therefore its purported rescission was invalid. The claimant is entitled to specific performance and associated costs.

Court Disposition

Claimant succeeds; defendant's rescission invalid.

Orders

  • Specific performance of the sale agreement ordered.
  • Claimant entitled to the cost of its notice to complete (£100).