The Buyer (Mt.
Pleasant Roehampton Developments Limited) brought an application seeking a declaration that an Agreement of Purchase and Sale (APS) was in full force and an order for specific performance.
The Vendor (Friedrich Christof Haussmann) brought a cross-application seeking a declaration that the APS was null and void and removal of a caution registered against title.
The central dispute concerned the interpretation of the "Investigation Period" deadline in the APS, with the Buyer arguing for March 31, 2017, and the Vendor for March 29, 2017.
The court found the plain wording of the APS established the deadline as March 29, 2017, and that the Buyer failed to waive conditions by that date, rendering the APS null and void.
The Buyer's alternative arguments of estoppel by convention and mutual mistake were rejected due to a lack of shared assumption or clear misrepresentation.
