30 Nov 2009
ERCEG V BALENIA LIMITED HC AK CIV-2009-404-3941
- Citation
- openlaw-d61ca74e_ad9a_4148_8f62_65e4167cbdb3.pdf
- Court
- High Court
Because an order for specific performance had been made the plaintiff had no unilateral right to cancel the contract; cancellation is a matter for the court in its equitable jurisdiction, therefore the plaintiff's summary judgment application based on purported cancellation failed and his claim is dismissed.