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Building contract – Construction. The parties entered into a joint venture agreement (JVA) to develop property. The property was not developed in time, and the claimant sought to extend the JVA for three months to allow the development to go ahead. The defendant did not agree to the extension, and the property was sold outside the JVA. A dispute arose as to whether the claimant was entitled to a share in the proceeds of the property. The Chancery Division held that, on the evidence, the evidence of M, who controlled the defendant, was to be preferred and the claimant's claim would fail.
Building contract – Construction. The parties entered into a joint venture agreement (JVA) to develop property. The property was not developed in time, and the claimant sought to extend the JVA for three months to allow the development to go ahead. The defendant did not agree to the extension, and the property was sold outside the JVA. A dispute arose as to whether the claimant was entitled to a share in the proceeds of the property. The Chancery Division held that, on the evidence, the evidence of M, who controlled the defendant, was to be preferred and the claimant's claim would fail.
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