Brunton v Hennessy [2020] NSWSC 972

Supreme Court New South Wales

Medium Neutral Citation: Brunton v Hennessy [2020] NSWSC 972 Hearing dates: 6-7 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Equity Before: Darke J Decision: Plaintiffs entitled to nominal damages for breach of Additional Condition 16 of contract for sale. Plaintiffs otherwise fail to establish any breach of the contract. Submissions to be made as to costs. Catchwords: LAND LAW – contract for sale of land – plaintiffs enter into contract with first defendant to purchase lot in an unregistered subdivision – access to proposed lot to be by rights of way over vendor's land – road already constructed over proposed right of way – whether contract contains term that obliges vendor to construct road on right of way to standard set by development consent to be issued – held that contract contains no express or implied term to that effect EQUITY – remedies – specific performance – condition of contract for sale of land required vendor to install cattle grids at various locations along right of way – vendor fails to do so – purchasers seek specific performance – purchasers fail to show that damages are an inadequate remedy – not shown that installation of grids would serve any useful purpose for purchasers – specific performance refused – nominal damages awarded Cases Cited: Beswick v Beswick [1968] AC 58 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Codelfa Construction Pty Ltd State Rail Authority New South Wales (1982) 149 CLR 337 Commonwealth Bank of Australia v Barker (2014) 253 CLR 169; [2014] HCA 32 Coulls v Bagot's Executor and Trustee Co Ltd (1967) 119 CLR 460 In the matter of ACT Land Pty Ltd (in liquidation) [2019] NSWSC 1860 Lawrence v Ciantar [2020] NSWCA 89 New South Wales v Stevens (2012) 82 NSWLR 106; [2012] NSWCA 415 Wardy v Hardy [2002] NSWCA 215 Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522; [2005] HCA 17 Wilson v North Hampton and Banbury Junction Railway Co (1874) LR 9 Ch App 279 Category: Principal judgment Parties: Paul Charles Brunton (First Plaintiff) Robyn Joy Brunton (Second Plaintiff) Paul James Hennessy (First Defendant) Peter Lynch (Second Defendant) Representation: Counsel: Mr M Heath (Plaintiffs) Mr C E Alexander (First Defendant)