6 Jul 2007
PROPERTY VENTURES INVESTMENTS LIMITED V LSW LIMITED HC CHCH CIV 2006-409-2447
- Citation
- openlaw-ca6be964_205b_45d7_a97f_f2051d445f4c.pdf
- Court
- High Court
The court held that Property Ventures has established a reasonably arguable case that LSW was required to have a compliance schedule and current building warrant of fitness at settlement (or was otherwise in breach of the warranty in cl 6.2(6)), and that such a breach could amount to a misdescription under cl 5.4 enabling a pre-settlement claim for compensation and preventing LSW from unilaterally compelling settlement or validly cancelling; consequently the caveat should not lapse and must remain in force pending substantive determination.