26 Sept 2006
ELDERWOOD TRUSTEES LIMITED V KIM HC AK CIV-2006-404-3647
- Citation
- openlaw-5e05bcbc_2172_49d1_b11d_0ccdc8ed7ab2.pdf
- Court
- High Court
Defendant's evidence was inherently improbable and lacked credible particularity; clause 16 expressly states access is to be provided "when it is available," so obligation was not a pre-settlement condition; anticipatory breach was not established on objective assessment; plaintiff satisfied the burden under r136 and summary judgment for specific performance was warranted.