||All England Reporter
|| All ER (D) 368 (Apr)
|| EWHC 927 (Ch)
John McDonnell QC sitting as a deputy judge of the High Court
||James Thom (instructed by Watson Farley & Williams) for the claimants.
||Jonathan Small (instructed by DLA) for the defendant.
||30 April 2003
Contract - Contractual term - Construction - Determination of preliminary issue relating to overage payment.
The claimants' appeal against the master's decision on a preliminary issue that the true construction of the agreement between the parties was that the aggregate sale prices for the residential units included the sums paid in respect of parking spaces for the purposes of calculating overage under cl 11.4 of the agreement was allowed, on the ground that on the evidence, the defendant could not possibly justify the deduction from those prices of the elements representing the parking.
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