28 Sept 2010
BOS INTERNATIONAL (AUSTRALIA) LTD (ABN 066601250) V STEPHANIE KATHERINE MURPHY AND ORS HC AK CIV-2009-404-005589
- Citation
- openlaw-512363a4_1342_42a3_ad8d_035dbf3bef97.pdf
- Court
- High Court
On the summary judgment record the defendants did not establish that the plaintiff's claim for specific performance was bound to fail: it is arguable the vendor offered reasonable undertakings and was ready, willing and able to settle and that any breach in relation to the management agreement may not have been sufficiently substantial to justify cancellation; accordingly summary judgment for the defendants was dismissed.