8 Oct 2009
OROPI PARK LTD V A & R BETHLEHEM HEIGHTS LTD HC TAU CIV 2009-470-000287
- Citation
- openlaw-f116a765_6c24_43ab_8794_a27468701ec6.pdf
- Court
- High Court
The settlement deed and construction contract, read in their commercial background, required defects be 'shown' to be caused by A & R and for A & R to be given opportunity to remedy before retention funds could be accessed; Oropi failed to show causation or follow the deed's procedures; clause 5 obliged payment of the final certified amount and the contract and deed precluded the equitable set-off alleged; accordingly A & R was entitled to summary judgment for the certified sum and for the retained funds paid out to a third party together with interest.