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High Court (Clarke J) discharges previous order of specific performance and awards damages in lieu, together with damages arising from delay in opening shopping centre arising from defective title.
Contract - damages - cost of securing freehold to land - plan to develop shopping centre - delay in opening shopping centre by reason of delay in obtaining title - damages in lieu of specific performance - loss of rental income - losses arising from worse economic environment at date of opening - jurisdiction to discharge order for specific performance and to grant damages in lieu - whether agreement to waive damages - whether centre would have opened earlier but for defective title - loss of opportunity - foreseeability - remoteness - cost of landlord inducements - costs of subdivisions - construction costs.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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