8 Dec 2006
MACDONALD AND OLIVER V HAYES AND ANOR HC MAS CIV-2006-435-165
- Citation
- openlaw-1f554a93_1645_488f_8859_ec0a3fc1d9ec.pdf
- Court
- High Court
The defendants failed to raise any credible defence: the alleged mistake was at most an interpretation issue and was not shown to be material or to produce a substantially unequal exchange; non est factum failed because defendants did not act with reasonable care and were experienced; the purported 'no consensus' defence was a late afterthought and prejudicial; plaintiffs waived the LIM condition making the contract unconditional; damages would be inadequate for sale of unique land. Accordingly summary judgment was appropriate and specific performance ordered.