This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Supreme Court of Appeal dismissed an appeal about a claim for payment of an adjusted purchase price under a sectional title development agreement. The judgment deals with whether a dispute about total base development cost had to be referred for expert determination, and whether the schedule recording that determination was hearsay.
It may be relevant to commercial property and contract disputes involving purchase price adjustments, expert determination clauses, and admissibility of documentary evidence.
Evidence from source
Summary: Claim for payment of adjusted purchase price of section in sectional title scheme – contract providing for provision of final determination of base development cost to permit adjustment
Supports: plain summary sentence 1
(a) In view of the dispute regarding the determination of the total base development cost, were the parties contractually bound to refer the dispute for expert determination in terms of clause 4.4
Supports: plain summary sentence 2
(b) If the answer to question one above is negative, does the schedule (Annexure FA 6 to the particulars of claim) constitute hearsay evidence which ought not to have been admitted in evidence?
Supports: plain summary sentence 2