14 Jun 2013
KING\'S CITY HOLDINGS LTD v. DE MONSA INVESTMENTS LTD
- Citation
- KING\'S CITY HOLDINGS LTD v. DE MONSA INVESTMENTS LTD
- Court
- Court of Appeal
- Case number
- CACV205/2012
The appeal was dismissed: the Court held that permitting De Monsa to re‑litigate the mental capacity of its director on substantially the same evidence already decided in the Probus actions would be an abuse of process and would bring the administration of justice into disrepute; clause 17(3) is a liquidated damages clause that does not preclude a common law damages claim and thus does not bar King's City from claiming the difference in price and expenses; provisional pre‑sales did not disable King's City from performing because they created later equitable interests which are subordinate to…