27 Nov 1997
The 30 January 1997 requisition was out of time under clause 14(1) and therefore deemed waived; in any event the purchaser by their solicitors' conduct accepted the vendor's title; the vendor had shown a good title and the Plaintiff's Originating Summons is dismissed.
1 Jun 1993
On the facts the court found an implied acceptance of title by the plaintiff on 2 July 1992 when the engrossment was submitted without further effective reservations; because the decisive requisition concerning Digital's capacity was raised after that acceptance, the defendant was entitled to treat the contract as completed and to forfeit the deposit. Alternatively, absent acceptance, the defendant would still have failed to answer satisfactorily the timely requisition because no evidence of Swiss law was produced to establish Digital's capacity, and the defendant should have obtained such ev…