Watson v Watson [2021] NSWSC 229

Supreme Court New South Wales

Medium Neutral Citation: Watson v Watson [2021] NSWSC 229 Hearing dates: 5 March 2021; 10 March 2021 Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Equity Before: Darke J Decision: Summons dismissed with costs. Catchwords: CONTRACTS – formation – intention to make binding agreement – whether agreement merely preliminary – deed provided regime for parties to value property and exchange and settle contracts for the sale of land – whether deed constituted a binding agreement – held that deed was immediately binding on the parties EQUITABLE REMEDIES – specific performance – deed containing agreed procedure to facilitate transfer of an interest in property – parties failed to take steps to commence agreed procedure – plaintiff held to have failed to carry out essential obligations under agreement – plaintiff was not shown to be at all relevant times ready, willing and able to perform his obligations – orders for specific performance refused Cases Cited: Allen v Carbone (1975) 132 CLR 528 Mehmet v Benson (1965) 113 CLR 295 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Spencer v Commonwealth (1907) 5 CLR 418 Category: Principal judgment Parties: John Hamilton Watson (Plaintiff) Alan William Watson (Defendant) Representation: Counsel: Mr D M Flaherty (Plaintiff) Mr A M B Cornish (Defendant)

Solicitors: Grahams Solicitors (Plaintiff) David Hunter Law (Defendant) File Number(s): 2020/319316 Publication restriction: None