Supreme Court
Decision Information
Abstract: The Plaintiff is seeking a declaration and other equitable relief to obtain clear title to land in a sale transaction. Submissions were invited on a counterclaim for an order for sale and an equitable division fo the sale proceeds. The issue before the Court is to determine if there is a contract in law between the parties for the transfer of title to Ms. Somerville's interest in the property to the plaintiffs. If there is a contract, should it be specifically enforced in the circumstances of this case. If there is no contract, should the Court order that the property be sold and the sale proceeds be divided equitably between the parties.
Decision: It was found that there was no contract between the parties as they were not "ad idem". In principle, the Court found that the property should be sold and the sale proceeds divided equitably between the parties, however, the Court would be required to hear further evidence to determine the details of the manner in which a sale is to be conducted and to how the division of the proceeds ought to be determined. The issue of costs is reserved until the proceedings are concluded.
Subjects: Contract law
Keywords: Sale of property
Equitable relief - order for sale
Division of proceeds - contract - tenants in common