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High Court: (a) grants specific performance of a contract for the release of certain loans over development lands, where the defendant indicated that it was not going into evidence despite cross-examining the plaintiff's witnesses on the basis that evidence would be given; and (b) awards exemplary damages in the sum of €20,000 arising from the defendant's conduct of the proceedings.
Claim for specific performance - application to dismiss plaintiff's case - witnesses cross-examined on the basis that defendant would give evidence - indication to court that defendant would not give evidence - whether court should await evidence from defendant prior to determining application to dismiss - status of discovered document as evidence - agreement by parties that documents be admitted into evidence - claim for exemplary damages - whether any binding contract - drawing inferences - whether response to offer had been acceptance or counter-offer - acceptance by conduct - variation of deposit - change of structure - whether plaintiffs had been ready, willing and able to complete - exemplary damages.
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