20 Dec 2010
HARLOW V SHERMAN LTD CA CA785/2009
- Citation
- openlaw-7b1422bd_19e7_458b_910d_d2dea062d7e0.pdf
- Court
- Court of Appeal
The Court held Sherman was not entitled to register the three covenants because the parties did not agree to them, they were created by the vendor after the agreement in breach of its duties as constructive trustee, clause 5.2(2) did not apply to voluntary covenants created post-contract, failure to requisition did not amount to acceptance, and Sherman was not ready, able and willing to settle so its cancellation was invalid; therefore the High Court judgment was set aside, deposit refund with interest ordered and costs awarded to appellants.