Bondi Road Development Pty Ltd v Selected Properties Pty Ltd [2020] NSWSC 845

Supreme Court New South Wales

Medium Neutral Citation: Bondi Road Development Pty Ltd v Selected Properties Pty Ltd [2020] NSWSC 845 Hearing dates: 1 July 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff entitled to order for specific performance. Catchwords: LAND LAW – real property – joint venture agreement to develop properties owned by parties – where plaintiff commenced proceedings seeking specific performance of the joint venture agreement – those proceedings settled – where plaintiff now seeks specific performance of settlement deed – where settlement agreement agreed to be a contract for sale of land – whether terms were implied into settlement agreement by s52A(2)(b) of Conveyancing Act 1919 (NSW) and Conveyancing (Sale of Land) Regulation 2017 (NSW) concerning land tax certificates – whether purported notice to complete and notice of termination of settlement agreement effective CONTRACTS – remedies – specific performance – whether plaintiff entitled to specific performance of settlement agreement Legislation Cited: Conveyancing Act 1919 (NSW) Conveyancing (Sale of Land) Regulation 2017 (NSW) Land Tax Management Act 1956 (NSW) Category: Procedural and other rulings Parties: Bondi Road Development Pty Ltd (Plaintiff) Selected Properties Pty Ltd (First Defendant) Charles Lo-Presti Pty Ltd (Second Defendant) Michael Peter Lane as Tutor for Charles Lo-Presti (Third Defendant) Representation: Counsel: G Laughton SC with J O'Sullivan (Plaintiff) R Angyal SC with S Cominos (Defendants)