Sarah Draper

The parties entered into an agreement of purchase and sale for residential development lands, which was later amended to increase the fixed purchase price.

The vendor sought to terminate the agreement, alleging duress, misrepresentation, and breaches regarding deposits, pre-sales, and water bills.

The vendor also moved to convert the applications into a trial or adjourn the hearing.

The court dismissed the vendor's motion and application, finding no material facts in dispute, no duress or misrepresentation, and that the purchaser had paid the deposits by crediting the cost of home renovations as orally agreed.

The court granted the purchaser's application, confirming the amended purchase price and that the purchaser was not in default.

Following a decision on cross-applications regarding the severance of a joint tenancy and a life interest in a property, the court determined the costs.

The court found divided success between the parties.

Because the litigation was necessitated by the testator's failure to unambiguously sever the joint tenancy during his lifetime, the court ordered the Estate to pay the partial indemnity costs of both the Salga applicants and Ms. Marley, as well as the full indemnity costs of the Estate Trustee.

The Salga applicants were ordered to pay Ms. Marley's substantial indemnity costs for an unnecessary consolidation motion.

Following a decision on cross-applications regarding the severance of a joint tenancy and a life interest in a property, the court determined the costs.

The court found divided success between the parties.

Because the litigation was necessitated by the testator's failure to unambiguously sever the joint tenancy during his lifetime, the court ordered the Estate to pay the partial indemnity costs of both the Salga applicants and Ms. Marley, as well as the full indemnity costs of the Estate Trustee.

The Salga applicants were ordered to pay Ms. Marley's substantial indemnity costs for an unnecessary consolidation motion.