10 Apr 2014
PACIFIC DUNLOP GARMENTS LTD v. FUNDAMENTAL GLOBAL LTD AND OTHERS
- Citation
- PACIFIC DUNLOP GARMENTS LTD v. FUNDAMENTAL GLOBAL LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV184/2013
The phrase 'unacceptable risks to the Purchaser' is to be assessed subjectively by the purchaser but subject to an implied obligation to act bona fide; on the facts the plaintiff acted in good faith and there were unacceptable risks in acquiring the shares, so the plaintiff validly exercised the clause 4 option to require sale of the Property; the appeal is dismissed.