21 Dec 2012
AWLY INVESTMENTS LIMITED V MCPHAIL, HC CHCH CIV-2012-409-000086
- Citation
- openlaw-408d8bae_db70_48be_a93e_cb9e6ba75d99.pdf
- Court
- High Court
The inducement payment was given for the defendants' agreement to make the agreement to lease unconditional; the defendants performed that obligation before payment so there was no total failure of consideration and the plaintiff was not entitled to restitution of the inducement payment; alternatively, the defendants would have been entitled to succeed on a change of position defence.