1 Aug 2008
BLUE PROPERTIES LIMITED AND STARTING FIVE LIMITED V MKW HOLDINGS LIMITED HC WN CIV 2007-485-1016
- Citation
- openlaw-13a58a47_4c24_4d79_96f9_243a25dac1c4.pdf
- Court
- High Court
Clause 4.3 is properly read as creating a notional/hypothetical calculation: where the Vendor completes the Vendor's Works the Purchaser must pay an amount equivalent to what the Purchaser would have spent to implement the Purchaser's Proposed Works, calculated by reference to the items listed in clause 4.3. Separately, the sale of the three remaining unit‑titled carparks as part of the wider sale to Multiplex amounted to those carparks being 'available for sale' and selling them without first offering them to the Purchaser at the contractual price breached clause 16.1.