CA 19 April 1989 Appeal by Wallabrook (W) from a QBD decision holding that a notice given by Chiltern Court (C) was a valid and effective notice under clause 16 of an agreement between the parties, despite being served out of time. LRT decided to sell off flats and offices in Chiltern Court and was willing to coperate in arrangements by which individual flat residents could acquire long leases of their flats. W was called in to underwrite the purchase by C from LRT. The scheme was carried out by two agreements. Under clause 16 in the second agreement, C could give notice to withdraw from the sale of any of the flats included in that agreement. This was to give individual residents an opportunity to buy their flats if they wished to. C did not give the notice within the time limit and when it was received later by W they rejected it as invalid. QBD held that notice was valid and W appealed. CA held, allowing the appeal, that although it was inclined to C`s argument that the clause was