17 Jun 1993
HILLIER DEVELOPMENT LTD. v. TREAD EAST LTD.
- Citation
- HILLIER DEVELOPMENT LTD. v. TREAD EAST LTD.
- Court
- Court of Appeal
- Case number
- CACV209/1992
The Court of Appeal held that the purchaser had accepted the vendor's title before the mortgagee's requisition was communicated (the draft assignment and inquiry as to payment constituted acceptance and waiver of prior objections), that s.23 presumption and the indoor management rule prevent a purchaser from requiring production of internal company authorisations for an apparently duly executed instrument, and that the contractual time limit for requisitions applied; accordingly the appeal was allowed and the trial judge's orders were set aside.