6 Jun 2014
Contemporaneous documents and communications, the signing sequence as found by the Court, and subsequent solicitors' approval established an objectively binding Heads of Agreement including the unconditional $50,000 option fee; VRG failed to produce credible evidence of a real defence, so summary judgment was appropriate for the $50,000 claim.
19 Nov 2010
Summary judgment was dismissed because the defendants raised an arguable defence: the purchaser's solicitor's disapproval concerned restrictive covenants affecting title, a matter within the solicitor's conveyancing remit, and there was a genuine factual dispute (including whether disapproval was bona fide or for other reasons) that could not be resolved on summary judgment and required trial.
3 Mar 2009
The appeal is dismissed because the appellant breached contractual obligations by withdrawing or failing to maintain instructions to Clyde & Co, thereby preventing fulfilment of the solicitor's certificate condition; he cannot rely on that unfulfilled condition, summary judgment for specific performance was properly granted because damages were inadequate and the settlement would otherwise be reopened, and the procedural complaints about affidavits and adjournment were unfounded or resulted from appellant's tactical choices.
14 Jun 2006
Solicitors were not entitled to withhold approval because the reasons relied on (mismatch of settlement dates and resulting practical/financial inconvenience arising from a separate contract) were not legal impediments or conveyancing defects in the contract before them; therefore the notice of non‑approval was invalid, the sale remained on foot and the caveat is maintainable.