4 Aug 2006
YARDLEY AND WILLIAMS V SHARP AND SHARP HC WANG CIV 2006 483 65
- Citation
- openlaw-084e9053_a0a6_4ad9_a9fb_6d0a533a6880.pdf
- Court
- High Court
The purchasers' solicitor's 29 August 2003 communication that conditions were waived or fulfilled rendered the contract unconditional and defeated purchasers' subsequent defences based on non‑provision of 2003 accounts or related implied or separate promises; there was no actionable independent promise, no basis to imply further terms, the gaming machine allegations were contradicted and not reasonably arguable, and summary judgment was therefore appropriate; appeal dismissed.