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Forfeiture of a successful bidder's part payment before expiry of an expressly extended period for paying the auction balance is arbitrary. A payment communication allowing payment beyond the original deadline with interest for up to 60 days made forfeiture operative only upon default continuing after that period. Discretion under the payment schedule to extend the timeline and the regulatory framework for delayed payment with interest did not permit earlier cancellation or forfeiture. Where the asset was subsequently sold and consideration realised, retention of the part payment was unjustified. The forfeiture was set aside to the extent of refunding the part payment without interest.
Forfeiture of a successful bidder's part payment before expiry of an expressly extended period for paying the auction balance is arbitrary. A payment communication allowing payment beyond the original deadline with interest for up to 60 days made forfeiture operative only upon default continuing after that period. Discretion under the payment schedule to extend the timeline and the regulatory framework for delayed payment with interest did not permit earlier cancellation or forfeiture. Where the asset was subsequently sold and consideration realised, retention of the part payment was unjustified. The forfeiture was set aside to the extent of refunding the part payment without interest.
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