9 Mar 2010
Summary judgment was dismissed because the defendant raised reasonably arguable factual defences (communications with vendor/agent and potential estoppel) and there were contested expert opinions and causation issues such that liability could not be determined without a full trial.
16 May 2008
Stay application dismissed because evidence demonstrated money was advanced and principal is recoverable, the Bank's prima facie right to enforce its security outweighs the applicants' claims of hardship, enforcement had not commenced (allowing time to seek priority or Court of Appeal relief), and the applicants' arguments did not provide an arguable basis to prevent recovery of principal.
28 Sept 2007
The court held the re-entry on 16 July 2007 was lawful because no payment of the July rent had occurred by midnight 15 July: legal tender was not strictly required but the deposited personal cheque was not credited or cleared before the deadline and no notice of deposit was given to the landlord, so an essential incident of payment was absent; the defendant's positive defences (waiver, estoppel, election, accord and satisfaction) failed on the facts; nonetheless, on narrow commercial grounds relief against forfeiture was granted.
19 Apr 2005
Tendering a personal cheque in response to a cl 2.2 notice does not remedy a purchaser's default because the vendor is entitled to the certainty of actual receipt of cleared funds or legal tender; the vendor may validly insist on a bank cheque or other cleared funds and directing payment to a solicitor's trust account did not constitute waiver of that requirement.