Interest rate stipulated in contract for sale did not apply where the sale did not proceed

Court of Appeal allows, in part, an appeal from the High Court in a claim for damages for breach of contract arising from a failure of a purchaser to complete a purchase and where the property was re-sold at a lower price, and: (a) affirms determination that the vendor was entitled to the difference between the contracted price and the price actually received, on the grounds that the general condition concerning such a claim was 'without prejudice' to the entitlement of the vendor to claim damages for breach of contract; (b) affirms determination that the vendor had not failed to mitigate its loss, where the defendant had not adduced valuation evidence nor cross-examined the vendor's witnesses on the price achieved on sale to the third party; (c) sets aside determination that the vendor was entitled to the interest rate of 10% stipulated in the contract, on the grounds that the rate was not intended to apply to a situation where the sale did not proceed; and (d) substitutes a determination that the vendor was entitled to the interest actually accrued on the relevant debt to the vendor.