In this case, the High Court held that a notice of a warranty claim under a sale and purchase agreement (SPA) was not valid because it was not served in accordance with the notice provisions of the SPA. The terms of the agreement required that the notice was served on all of the sellers under the SPA, which had not been done as one seller was not served the relevant notice. As such, the warranty claim was held to be ineffective against all of the sellers, not just the seller that did not receive the notice of claim.

This case is an important reminder of the care and attention needed when drafting notice provisions and serving notices in accordance with such provisions.