21 Nov 2006
GREENMOUNT MANUFACTURING LIMITED V SOUTHBOURNE INVESTMENTS LIMITED CA CA90/06
- Citation
- openlaw-edb22e9f_4b39_4e66_83fe_51c039d44ef2.pdf
- Court
- Court of Appeal
Clause 16 did not materially depart from the option but recorded and implemented the parties' right to effect the purchase through a nominee to achieve going-concern GST treatment; Southbourne was estopped from objecting to the mode of payment because its agent received and acknowledged the deposit cheque without timely objection; other alleged departures (agent clause, chattels wording) were immaterial; therefore no seriously arguable defence existed and summary judgment ordering specific performance was appropriate.