Where a vendor's property loses a significant attribute (such as an NRAS approval) between the date of breach and the date of resale, the property sold at resale is not identical to the property contracted to be sold, which constitutes a formidable obstacle to departing from the general rule that damages are assessed at the date of breach. A deliberate decision to delay filing an appeal until after a related costs decision is delivered will be treated as a deliberate decision not to appeal within time, requiring the applicant to demonstrate that an extension is necessary to prevent a substantial injustice.
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