South African Territories, Ltd, v Wallington
| Jurisdiction | England & Wales |
| Judgment Date | 18 March 1898 |
| Judgment citation (vLex) | [1898] UKHL J0318-2 |
| Court | House of Lords |
| Date | 18 March 1898 |
[1898] UKHL J0318-2
House of Lords
After hearing Counsel as well on Monday the 29th as Tuesday the 30th days of November last, upon the Petition and Appeal of the South African Territories, Limited, whose registered offices are situated at No. 81, Cannon Street, in the City of London, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal of the 12th of April 1897, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioners might have the relief prayed for in the Appeal, or such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed case of Charles Wallington, lodged in answer to the said Appeal; and due consideration being had this day of what was offered on either side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, Dismissed this House: And it is further Ordered, That...
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...which is clearly set out in a number of authorities relied on by Counsel on both sides includingSouth African Territories v Wallington (1898) AC 3094; Wadsworth v Lydell (1981) 2 All ER 4015; Manchester and Oldham Bank Limited v Cook6 and Astor Properties v Tunbridge Wells Equitable Friendl......
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...that an award of damages was a sufficient remedy for breach of a promise to lend money. The case of S.A. Territories v Wallington, 1898 A.C. 309 at p. 312, was cited as establishing the law of England in this regard. Mr. Gould referred the Court to certain authorities (Cheshire and Fifoot o......
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Baragwanath v Olifants Asbestos Co (Pty) Ltd
...that an award of damages was a sufficient remedy for breach of a promise to lend money. The case of S.A. Territories v Wallington, 1898 A.C. 309 at p. 312, was cited as establishing the law of England in this regard. Mr. Gould referred the Court to certain authorities (Cheshire and Fifoot o......
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Table of Cases
...v. Jarvis, 2009 PESC 35 ................................................................ 95 South African Territories v. Wallington, [1898] A.C. 309, 78 L.T. 426, 67 L.J.Q.B. 470 (H.L.) ............................................................... 405 South Bucks District Council v. Porte......
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Table of cases
...(Town) v Jarvis, 2009 PESC 35 ............................................................... 146 South African Territories v Wallington, [1898] AC 309, 78 LT 426, 67 LJQB 470 (HL) ........................................................................................560 South Bucks Distri......
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Specific Performance: Chattels, Shares, and Payment of Money
...Loan Investment Corporation of Australasia v Bonner , [1970] NZLR 724 (PC) [ Bonner ]. See also South African Territories v Wallington , [1898] AC 309 (HL). 106 Bonner , above note 105 at 735, Lord Pearson. Speciic Performance: Chattels, Shares, and Payment of Money 561 In this case, becaus......
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Specific Performance: Chattels, Shares, and Payment of Money
...v. Cameron , [1950] S.C.R. 401 [ Gray ]. 90 [1970] N.Z.L.R. 724 (P.C.) [ Bonner ]. See also South African Territories v. Walling-ton , [1898] A.C. 309 (H.L.). The Law of equiTabLe Remedies 406 an unsecured loan of money. While specific performance is routinely available in the former, it is......