30 Jul 2012
PHILIP JOHN TOMPKINS AND JULIE ANNE TOMPKINS V WENSLEY DEVELOPMENTS THE MARINA LIMITED (IN LIQUIDATION) HC INV CIV-2009-425-101
- Citation
- openlaw-ff310979_09cf_43e2_9b19_cd40fc29fd10.pdf
- Court
- High Court
The plaintiffs did not validly cancel the sale under the Contractual Remedies Act because they failed to show the alleged misrepresentations or breaches were essential or substantially affected the benefit of the contract; some brochure statements (Council $700,000 commitment and incorrect stated apartment area) were misrepresentations and breaches of s9 FTA and defendants committed other misleading conduct regarding noise/ventilation, but those matters did not justify cancellation; defendants were entitled to treat plaintiffs' conduct as repudiatory, cancelled the contract and resold; defend…