15 Feb 2018
The judge was entitled to reject the appellant's expert valuation as unreliable and to adopt the plaintiff's comparable (the 2008 agreement) with sensible adjustments to assess market rental; the plaintiff had discharged the burden of proof and the valuation adopted by the judge was not wrong, so the appeal on quantum was dismissed.
27 Oct 2017
Clause 8 bound the defendant to make the share option available to the plaintiff upon completion of probation; the reference to the company's "unified regulations" imported procedural aspects (eg pricing and mechanics under the Scheme) but did not import provisions negating the contractual obligation to grant the option; valuation of lost option at termination date using exercise price determined under the Scheme was a reasonable assessment of damages; costs order was within trial judge's discretion and should stand.
8 Jan 2016
The Letter and Guarantee formed a legally binding bundled agreement; Clause 1 must be construed to mean the Bank was obliged to elect Option 1 if the formal documentation implementing the DRP contained Option 1 and was satisfactory as to the formal documentation itself; the Bank did not demonstrate bona fide dissatisfaction with the formal documentation and elected the Additional Option for commercial reasons which did not excuse breach; no implied term required equal treatment nor a condition that the Letter would lapse after a reasonable time; damages are to be assessed by valuation of the…
30 Jul 2007
The tribunal was correct to treat the relationship as bailment and to require the applicant to prove quantity and value of lost items; credibility findings justified rejection of the applicant's broader claim; no question of law arose except that the tribunal failed to address valuation of the pair of jeans, so leave is granted only on that narrow issue.
27 Jul 2001
Vendor had shown good title by admissible secondary evidence of government demise; requisitions raised after the agreed completion date were in time because parties continued to deal with title; deposit of 25% was not forfeitable absent express contractual forfeiture or special circumstances justifying more than customary 10%; vendor entitled only to damages for loss of bargain; valuation date for damages fixed as date parties finally broke off (5 November 1998).