16 Sept 2016
On the evidence, including contemporaneous texts, the cheque, the director's prior real estate dealings and the implausibility of her account, the defendant's non est factum defence is not arguable; the court granted summary judgment for the plaintiffs for the unpaid deposit with interest and costs because there was no real question to be tried.
25 Jun 2015
Objectively tender would not have been futile: there was time and practical means to effect settlement by electronic transfer or by use of bank cheques and a temporary force limit on the vendor's solicitor trust account; the Official Assignee failed to prove that Kingston or its solicitor made tender clearly futile, therefore Kingston validly cancelled the option and did not repudiate the contract.
8 Jun 2006
Because the respondents' purported tender and settlement did not result in an unambiguous, accepted discharge of the mortgage and disputed account items (including furniture) remained unresolved, the mortgage continued to subsist and the applicant had a reasonably arguable interest in the land to support the caveat; accordingly the application to sustain the caveat was granted.