WOLSTON LAND

Press, Volume CVII, Issue 31548, 9 December 1967, Page 23

WOLSTON LAND

Allowance Of $7lO

An allowance of $7lO representing the cost of restoring 560 cubic yards of topsoil to a 2}-acre property in Elstead Street, Woolston, was ordered by Mr Justice Wilson in the Supreme Court yesterday as a condition for the enforcement of specific performance of a contract to sell the property Specific performance of the contract of sale was sought by Viking Properties, Ltd (Mr B. J. Drake), against World Travel Association, Ltd, and Karen Holdings, Ltd (Mr R. J. Allan), which had entered into an agreement to. buy the property, but not completed the purchase because of the alleged removal by the vendor company of 2373 cubic yards of soil. His Honour, although making no formal order to enforce the contract—both parties were said to desire its completion—reserved leave to Viking Holdings, Ltd, to apply for one. The determination by his Honour of the amount of soil removed from the property, and what compensation should be allowed for it, was agreed by the parties as the issue in the action for specific performance of the contract

His Honour fixed the amount as 560 cubic yards to be restored—all topsoil—at a cost of $1.25 a cubic yard, making a total of $7OO, plus the sum of $lO as the cost of hire of a bulldozer to spread a further 120 cubic yards of soil already restored to the site by Viking Holdings, Ltd. Soil removed by Viking Holdings, Ltd, said his Honour had been done so in good faith, having resulted from a “lack of communication” between a director and the company’s engineer that the property had been sold.