Assadourian v Assadourian

The plaintiff in this case sought a declaration and an order for the return of monies paid to the defendants' solicitors under the terms of a deed of release. The deed of release was signed by the parties to settle a previous dispute. One of the terms of the deed provided that the plaintiff would pay a sum of money to the defendants' solicitors, which would then be paid to the defendants upon them giving vacant possession of a property by a specified date. The defendants did not give vacant possession by the date specified, and the plaintiff sought a declaration that the defendants were not entitled to the balance of the funds. The defendants, in turn, claimed that they were entitled to the balance of the funds regardless of whether they gave vacant possession by the specified date.

The court had to determine whether the date of possession was an essential term of the deed, and whether the plaintiff's entitlement to the money was conditional upon the defendants giving vacant possession by the specified date. The court also had to determine whether the plaintiff's claim was only in damages rather than in the return of the moneys.

The court held that the date of possession was an essential term of the deed, and that the plaintiff's entitlement to the money was conditional upon the defendants giving vacant possession by the specified date. The court found that the deed did not provide for the payment of the moneys in the event that the defendants did not give vacant possession by the specified date, and that the plaintiff's claim was not only in damages but also in the return of the moneys. The court ordered that the defendants return the balance of the funds to the plaintiff's solicitors, from which the defendants could claim the amount owed to them upon giving vacant possession of the property.