20 Oct 2011
MESSENGER AND ANOR V GOODMAN AND ANOR HC AK CIV-2009-404-3974
- Citation
- openlaw-816513c9_410f_4c2f_8e40_f5a9253cf125.pdf
- Court
- High Court
The contract, read as a whole and applying ordinary principles of contractual construction, unambiguously fixed settlement on the possession date of 18 December 2006 (cl 1.1(3) and cl 3.7); clause 15, properly interpreted, evidenced an agreement that the vendor could lodge a caveat to protect the unpaid balance once title passed on that date and reinforces that settlement was intended to be 18 December 2006; because title could have passed then the defendants were not in breach by not making further payments and the plaintiffs' resale loss is not attributable to any contractual breach by the…