Demerara Turf Club, Ltd. v. Wight

[1918] AC 605 (1918)

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Demerara Turf Club, Ltd. v. Wight

United Kingdom Judicial Committee of the Privy Council
[1918] AC 605 (1918)

Facts

The Demerara Turf Club, Ltd. (Demerara) (defendant) in British Guiana was placed in liquidation proceedings. The liquidator, N. Cannon, put up 55 acres of Demerara’s real property for auction. Several bidders submitted offers, including a high bid by Percy Claude Wight (plaintiff). However, the liquidator declared that none of the bids were sufficient and closed the auction. The conditions of the auction had neither provided for nor excluded a reserve. Wight filed an action for specific performance in British Guiana to complete his property purchase. The British Guiana chief justice sided with Demerara and dismissed the action. On Wight’s appeal to the British Guiana Supreme Court, the court reversed the decision and ordered Demerara to transfer the property to Wight upon Wight’s payment of the amount bid. Because British Guiana was a colony of the United Kingdom at that time, Demerara appealed to the privy council in London.

Rule of Law

Issue

Holding and Reasoning (Phillimore, J.)

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