Blackall v. Blackall [2000] IEHC 151; [2000] 3 IR 456 (6th June, 2000)

Blackall v. Blackall [2000] IEHC 151; [2000] 3 IR 456 (6th June, 2000)

The contract for sale approved by the court remains binding and enforceable despite the purchaser's delay in paying the deposit, as payment of deposit is a term of the contract and not a condition precedent; unilateral termination by some but not all vendors is ineffective, and the court retains authority over the sale.

Citation
[2000] IEHC 151
Parties
Plaintiff: Gerard Blackall; Defendant: Eileen Blackall; Defendant: Rose Blackall; Purchaser/co Defendant: Chesington Limited
Jurisdiction
Ireland
Procedural Posture
Appeal From Circuit Court Decision on Application for Directions in Sale of Property / High Court Judgment
Outcome
Contract for sale remains in force; purchaser must pay interest on deposit.
Legal Topics
Court Ordered Sale, Contract Formation, Deposit Payment, Termination of Contract, Authority of Parties, Opening Biddings
Property Law Equity Contract Law Court Ordered Sale Contract Formation Deposit Payment Termination of Contract Authority of Parties +1 more

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Parties

Gerard Blackall

Plaintiff

Eileen Blackall

Defendant

Rose Blackall

Defendant

Chesington Limited

Purchaser/co Defendant

Procedural Posture

Appeal From Circuit Court Decision on Application for Directions in Sale of Property / High Court Judgment

Legal Issues

  1. 1 Whether an enforceable contract was concluded
  2. 2 Whether payment of deposit was a condition precedent
  3. 3 Time for payment of deposit

Ratio Decidendi

The contract for sale approved by the court remains binding and enforceable despite the purchaser's delay in paying the deposit, as payment of deposit is a term of the contract and not a condition precedent; unilateral termination by some but not all vendors is ineffective, and the court retains authority over the sale.

Court Disposition

Contract for sale remains in force; purchaser must pay interest on deposit.

Orders

  • Purchaser to pay interest on deposit (less £5,000 already paid) at contract rate from 19th July, 1995 to completion.
  • Court to hear counsel for directions and costs.