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Midill (97PL) Ltd v Park Lane Estates Ltd (1) and Gomba International Investments Ltd (2) [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 1227, 11 November 2008. The case considered the consequences of a buyer's failure to complete a sale of contract. A prospective buyer (M) sought the return of a £400 000 deposit after an initial decision in favour of the vendor, G (see L143243). G had served a notice to complete but completion did not happen. M argued that the notice was invalid. The case turned on whether the G was able to retain the deposit. Held: appeal dismissed. M had failed to show that the vendor was not ready to complete the deal on the agreed date. It also failed to convince the Court of Appeal that there were special circumstances to allow the return of the deposit, even though the vendor sold the property for a handsome profit only a few months later.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 146262-1001

[2008] EWCA Civ 1227, 11 November 2008. The case considered the consequences of a buyer's failure to complete a sale of contract. A prospective buyer (M) sought the return of a £400 000 deposit after an initial decision in favour of the vendor, G (see L143243). G had served a notice to complete but completion did not happen. M argued that the notice was invalid. The case turned on whether the G was able to retain the deposit. Held: appeal dismissed. M had failed to show that the vendor was not ready to complete the deal on the agreed date. It also failed to convince the Court of Appeal that there were special circumstances to allow the return of the deposit, even though the vendor sold the property for a handsome profit only a few months later.