16 May 2007
TAYLOR MARINE LIMITED V TAYLOR MARINE BROKERS (2005) LIMITED AND ORS HC AK CIV 2005-404-006115
- Citation
- openlaw-f796dc6d_81a8_4af5_8bb9_12214b0d3c49.pdf
- Court
- High Court
The landlord's 10 October 2005 letter was conditional upon the purchaser agreeing to relocation and therefore did not constitute the required unconditional consent; the purchasers did not breach clause 8.2(4) nor any implied duty of good faith, and time for fulfilment remained of the essence so cancellation on 14 October 2005 was valid; the lease proviso is a qualification on the lessee's covenant not to assign and does not give rise to damages against the lessor, and the preservation order insulated the plaintiff's retention of the yacht from a detinue claim; accordingly plaintiff's claims a…