Lorde (Administratrix of the Estate of Desmond Cave, Deceased) v The Transport Board: PC 29 Mar 2001

(Barbados) The parties had contracted to construct a restaurant. It was claimed that a condition of the contract requiring approval of planning conditions imposed was not fulfilled.
Held: When the contract had been made, the clause was intended to protect the land-owner in case the authority imposed unacceptable conditions. It imposed a five day limit. There was nothing in the contract to suggest any other reading, and therefore the limit was strict. The approval could not be said to have been unreasonably withheld.

Judges:

Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Millett. Dame Sian Elias

Citations:

[2001] UKPC 14, No 27 of 2000

Links:

Bailii, PC

Citing:

CitedAberfoyle Plantations Ltd v Cheng PC 1959
A purchase had been made conditional on the renewal of certain leases. Accordingly the successful negotiation of those renewals with a third party had been made a condition of the contract. The consequences of failure had been spelt out in detail. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Construction

Updated: 01 June 2022; Ref: scu.159454