Andrew O’Brien (with J B O’Brien) appeared for the appellant, instructed by David K Lawyers.
Christopher Doyle appeared for the respondent, instructed by Kilmartin Knyvett Lawyers.
The Court of Appeal was asked if the primary judge erred in the proper construction of the contract as to if the word ‘pay’ meant the actual receipt of the payment of the balance of the deposit for the purchase of a property, and also the meaning of ‘upon’ in the context of a time stipulation for that payment.
The Court found that the word ‘pay’ meant the receipt of the funds by deposit holder, and that ‘upon’ required the funds to be received ‘at the time of’ satisfaction of the finance condition. The Court also held that the implied term formulated by the District Court was not necessary for business efficacy and inconsistent with the express terms of the contract. The Court ordered the respondent to pay the appellant’s costs of the appeal and the originating application.
The judgment can be read by clicking here
