Table of Content
1. nature of time in contract obligations (Para 20 , 21 , 22)

"[19] In my judgment, having regard to cls 2(a) and 8(a)-(b) read with cl 24 (time is of the essence) of the agreement, the plaintiff must perform its obligations with all due diligence and within the stipulated time irrespective of whether the defendant had performed its covenants or otherwise unless it can be shown that the defendant's non performance had undermined the due performance of the contract by the plaintiff amounting to a fundamental breach. There is nothing in the agreement to infer that it was the intention of the parties that the plaintiff's covenant to obtain approval for the relevant plans is conditional upon or subject to a simultaneous performance by the defendant of its covenants.

[20] On the evidence it is clear that the plaintiff had not acted with all due diligence to obtain the necessary approvals from the relevant authorities. It was this factor and not the non performance of the defendant's covenants that led to the failure of the project. The word 'diligence' is not defined in the agreement. In the Concise Oxford English Dictionary, 11th edn, Revised the word is defined as:

carefu

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