6 Oct 2011
TEA CUSTODIANS (BLUESTONE) LIMITED V TJ BARNETT & ANOR HC WN CIV-2011-485-17
- Citation
- openlaw-304a921d_06b8_4c07_a252_0412ce739f2f.pdf
- Court
- High Court
The conditional agreement to defer enforcement did not amount to an unequivocal waiver or estoppel because the plaintiff consistently limited its forbearance to strict compliance with the payment arrangement, the first defendant failed to comply in material respects and committed further serious breaches (notably rates arrears), and therefore there was no real defence and summary judgment for possession was appropriate.