3 Mar 2009
ERCEG V BALENIA LTD CA CA553/2008
- Citation
- openlaw-c65c6ef0_2c2c_4746_9ac7_1ef5f5fcbae3.pdf
- Court
- Court of Appeal
The appeal is dismissed because the appellant breached contractual obligations by withdrawing or failing to maintain instructions to Clyde & Co, thereby preventing fulfilment of the solicitor's certificate condition; he cannot rely on that unfulfilled condition, summary judgment for specific performance was properly granted because damages were inadequate and the settlement would otherwise be reopened, and the procedural complaints about affidavits and adjournment were unfounded or resulted from appellant's tactical choices.