11 Oct 2007
BEST OF LUCK LIMITED V DIAMOND BAY INVESTMENTS LTD AND ANOR HC AK CIV 2007-404-2043
- Citation
- openlaw-50a08e93_996e_4e34_a583_ebb8e5e2e2fd.pdf
- Court
- High Court
The Court found pre‑contractual representations (profitability/self‑sufficiency and existence of consents/consent renewal and peak trading period) were made and were false and actionable under both s6 CRA and s9 FTA (with Mr Coward liable as an accessory under s43). However BLL had not shown it was ready, willing and able to settle by the contractual date, the contract was not severable so as to enforce sale of land alone, and Diamond validly cancelled for non‑settlement; specific performance was therefore refused and an inquiry into damages for the actionable misrepresentations was ordered.