Christopher Doyle appeared for the applicant, instructed by Kilmartin Knyvett Lawyers.
The applicant sought specific performance of a contract to purchase a lot. The primary issue for determination was whether the applicant paid the balance deposit in accordance with the contract. The contract did not expressly provide for deposit payments by ETF. However, the Court held that as a matter of construction, a term allowing for payment of the deposit by EFT could be implied. Therefore, the balance deposit was successfully paid by the applicant, and the terms of the contract were satisfied.
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