Read the full judgment text of CACV 000136/1984 on BabelCite. This Court of Appeal judgment was delivered on 16 January 1985 before Sir Alan Huggins VP, Cons JA, Kempster JA.
Contract – invitation by Government to treat for transfer of specified land – Government entitled either to reject all tenders or to accept highest tender – tenders stated to be receivable only from 'registered owners' of Government Land Exchange Entitlements (Letters A and B) – Letters B by their terms assignable only by assignments effected at the office of the Director of Lands in a form satisfactory to him and registered in a Commitment Transfer Register – Plaintiffs severally equitable owners of Entitlements, with no assignment in satisfactory form registered – whether Plaintiffs were 'registered owners' entitled to tender – whether material date was tender closing date or date of acceptance of highest bid – construction of Application Notice and Letters B – meaning of 'registered owner' and 'absolute title' – no equitable interest sufficient for recognition by Government – first-named Plaintiff had registered no assignment – second-named Plaintiff's assignment not registered until after tender deadline – Application Notice expressly stated late applications would not be considered – tender invalid at moment of delivery – nothing afterwards could perfect it – Plaintiffs not qualified to make offer at all – appeal allowed – Plaintiffs not 'registered owners' within meaning of Application Notice and Application Form – questions 1 and 2 of Originating Summons answered in favour of Appellant – question 3 left unanswered as unnecessary.
Legal issues: Whether Plaintiffs were 'registered owners' of Land Exchange Entitlements · Material date for determining qualification to tender
Outcome: Appeal allowed; Plaintiffs' tender held invalid; they were not 'registered owners' entitled to tender.