2 Aug 2007
SOUTHBOURNE INVESTMENTS LIMITED V GREENMOUNT MANUFACTURING LIMITED SC 96/2006
- Citation
- SC 96/2006
- Court
- Supreme Court
The appeal is allowed because there was insufficient evidence on the summary judgment record to conclude that the vendor was estopped from denying the sufficiency of the personal cheque; solicitors do not have implied authority to accept non-legal-tender payments absent clear instruction, and whether the option required cleared funds and whether the vendor promptly objected are factual issues for trial, so summary judgment and specific performance were inappropriate.