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Kalatara Holdings Ltd v Benedict Thomas Andersen and Another; Chd 25 Jan 2008

References: [2008] EWHC 86 (Ch)
Links: Bailii
Coram: Evans-Lombe J
The claimant sought specific performance of a contract to buy land from the defendant. The defendant sought summary dismissal of the claim and forfeiture of the deposit. It had been intended that the property would be ‘rolled over’ on a sub-sale. The owner refused to execute a transfer into the name of the eventual purchaser.
Held: The arrangements would have been possible, and the defendants’ failure amounted to a breach of contract. The defendants were not entitled to rescind the contract and forfeit the deposit.
Statutes: Finance Act 2003 45, Law of Property (Miscellaneous Provisions) Act 1994 2(1)(A)
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