10 Dec 2001
KENSLAND REALTY LTD. v. WHALE VIEW INVESTMENT LTD. AND ANOTHER
- Citation
- KENSLAND REALTY LTD. v. WHALE VIEW INVESTMENT LTD. AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV10/2001
A term is implied that the vendor must give split payment information within a reasonable time before completion to enable the purchaser, having regard to dealings with its bankers and solicitors, to arrange split payment; the vendor's failure to give such information in time is a breach; where that breach causes late tender the vendor cannot rely on a time‑is‑of‑the‑essence clause to treat late tender as repudiatory and forfeit the deposit; tender made as soon as reasonably possible after late information must be accepted and refusal constitutes repudiatory breach by the vendor.