7 Dec 2010
DU V GU HC AK CIV-2009-404-5577
- Citation
- openlaw-12b95b50_00df_4dd2_8d25_858ff5b057bb.pdf
- Court
- High Court
On the balance of probabilities the Court found the plaintiff had, by words and conduct, effectively renounced the listing/agency prior to entering the joint venture so ss63-64 did not render the JV voidable; the alleged valuation representation was not shown to be false, unreasonable or made in bad faith on the balance of probabilities and therefore did not entitle the defendant to cancel under the Contractual Remedies Act; the defendant breached the JV by refusing transfer but specific performance was declined as inappropriate; liability for breach is established and damages/quantification…