27 Jul 2015
The court accepted the plaintiffs' evidence, rejected the defendant's misrepresentation allegations as fabricated, found the agent's authority issue resolved by ratification, held the liquidated damages clauses were genuine pre-estimates and enforceable, and therefore awarded the plaintiffs contractual damages less deposits with interest and costs.
26 May 2006
The court held that the August Agreements did not operate as a full and final settlement or waiver of the Plaintiff's claims for interest because the documents, objectively construed, recorded an exercise of the Plaintiff's existing option rights rather than a compromise supported by fresh consideration; the Defendant's submissions on consideration and linkage of legal costs were rejected; any signature irregularity was treated as ratified by subsequent conduct; and the application to order preliminary issues was refused because the Defendant did not show the issues would be dispositive or th…
30 Jun 2004
The court exercised its discretion to admit the two late affidavits conditionally: the defendants must file supplemental affidavits identifying sources and explaining circumstances, and the plaintiff is granted leave to file affidavits in answer; the affidavits' deficiencies and disputed authenticity mean they cannot dispose of the strike‑out without further evidence, so conditional admission and adjournment are required.