12 Sept 2005
BANGERTER, AND ANOR V RETAIL ON MAIN LIMITED HC AK CIV2005-404-4403
- Citation
- openlaw-bd196fbc_7224_4623_8e74_63756ee0ec00.pdf
- Court
- High Court
The Court held the caveats should not lapse because the applicants established reasonably arguable cases supporting their claimed interests: (1) as to the Arthur Street units, evidence (notably the 11 May 2005 discussion) could support an inference that the respondent affirmed the contracts before the purported cancellation so the agreements survived cancellation and created caveatable interests; (2) as to the Galway Street units, the applicants have a reasonably arguable case that they waived the due diligence condition by written communications meeting the contract's notice requirements. Gi…