12 Nov 2010
ASK FIRST NATIONAL LTD V HADLOW HC AK CIV 2010-404-3500
- Citation
- openlaw-07af41d0_c965_4070_9fa8_477df77b5c0f.pdf
- Court
- High Court
The 14 June 2007 agreement, by retaining clause 11.1 and naming AFNL, made commission payable on the sale when that agreement became unconditional; the agreement became unconditional when the final deposit was paid on 6 December 2007 (confirmed by correspondence and consent orders) and the earlier letter tied to the memorandum lapsed because its conditions (exercise of the right of first refusal and settlement within specified time) were not met. The Hadlows therefore had no arguable defence and summary judgment was appropriate for the commission plus interest and costs.