30 Nov 2023
Defendant breached an unconditional sale contract by failing to settle and has no arguable defence; summary judgment is appropriate for liability; quantum will be assessed as the diminution in value between the contract price and market value at cancellation (29 November 2023) less credit for the deposit; indemnity costs awarded due to defendant's frivolous or unnecessary conduct.
1 Jul 2022
Documentary record (correspondence, counsel memoranda and the 26 May 2021 minute) established that the defendant agreed 28A Sefton be sold by auction and that Barfoot & Thompson would market it; on summary judgment the defendant has no real defence to enforcement of that agreement and, having weighed s342 factors (equal shares, nature of property, comparative hardship, contributions and delays), the balance favours ordering sale by public auction with no reserve, permitting Registrar to sign if defendant refuses to sign sale/listing documents, and permitting a limited interim distribution whi…