27 Mar 2003
CREATILES BUILDING MATERIALS CO LTD v. TO\'S UNIVERSE CONSTRUCTION CO LTD
- Citation
- CREATILES BUILDING MATERIALS CO LTD v. TO\'S UNIVERSE CONSTRUCTION CO LTD
- Court
- Court of Appeal
- Case number
- CACV384/2002
The defendant's clear, unequivocal refusal to pay the contractual interim payment, after promises and a set deadline, evinced an intention not to be bound and amounted to repudiation; the contract required interim payments every 14 days without an implied requirement of interim measurement or completion of all coats on one elevation, entitling the plaintiff to terminate and recover loss of profit.