16 Sept 2011
TOP ONE REAL ESTATE LTD V PREMA DEVELOPMENTS LTD HC AK CIV-2009-404-6008
- Citation
- openlaw-49ff817d_e222_4fb9_851a_6d0a2fe78a55.pdf
- Court
- High Court
Clause 21 of the subdivision sale agreement unambiguously assigned the benefit of subsales but did not expressly transfer Prema's obligation to pay commission; however the indemnity and carve-out for legal fees in clause 21.2(d) render it arguable that an implied term existed making Arranmore responsible for subsale liabilities including commissions, so the implied term cause of action is arguable and must proceed; causes of action grounded solely on express promises in the subsale agreements to pay commission are untenable and are struck out; quantum meruit and constructive trust claims are…