Read the full judgment text of HCA 003595/2003 on BabelCite. This High Court CFI judgment was delivered on 17 February 2006.
1. The defendant had agreed with the plaintiff to purchase a flat which was part of an overall development the plaintiff was in the course of building. She paid some money on account but when the balance was called for she refused or otherwise did not pay and the deal went off. The plaintiff resold the flat but at a lower price. By this action it sues to recover the shortfall. The defence as pleaded is that the plaintiff was in breach of an implied term of their contract; alternatively, that
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