30 Oct 2012
MACDONALD V C1 GLOUCESTER STREET LIMITED HC CHCH CIV 2010-409-001531
- Citation
- openlaw-a953cdc2_1d31_4823_97ce_ea715b4a15a9.pdf
- Court
- High Court
There was no valid variation of the written agreement: no meeting of minds, no principal representation to create apparent authority in Summerfield, and no pleaded statutory writing defence or part performance to validate an oral variation. The vendor therefore breached by providing a single title and single apartment instead of the two units and separate titles required by the contract; the purchaser validly cancelled for repudiation and is entitled to return of the deposit, interest and costs.