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Specific performance – Order. The claimant sought specific performance of a settlement agreement with the defendant. The defendant claimed that it was entitled to rescind the settlement agreement for misrepresentation. The Commercial Court, in allowing the application, held that the alleged representation had not been made. Further, the claimant would have taken all further steps necessary but for the fact that the defendant had made it clear that it would not perform its part. Accordingly, the defendant's ground of objection to an order for specific performance was not made out and it was appropriate for such an order to be made.
Specific performance – Order. The claimant sought specific performance of a settlement agreement with the defendant. The defendant claimed that it was entitled to rescind the settlement agreement for misrepresentation. The Commercial Court, in allowing the application, held that the alleged representation had not been made. Further, the claimant would have taken all further steps necessary but for the fact that the defendant had made it clear that it would not perform its part. Accordingly, the defendant's ground of objection to an order for specific performance was not made out and it was appropriate for such an order to be made.
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