30 Jul 2007
TANIA NATALIA MANA AND ROBYN ANNE JURY V WILLIAM ALEXANDER FLEMING AND CAROL ANN FLEMING CA CA246/06
- Citation
- openlaw-151b1739_5cb1_46c4_b60b_4346d10e278a.pdf
- Court
- Court of Appeal
The Court held cl 8.7(2) is governed by an objective standard and the Flemings breached it by failing to take all reasonably necessary steps to procure an acceptable sale within the time specified; contractual interest under cls 3.9 and 9.4 is recoverable on the unpaid portion of the purchase price (the full $860,000) from the original settlement date, the settlement notice did not waive rights to interest, the trust mitigated reasonably, and Judicature Act interest is payable on the judgment sum from the resale settlement date.