Alexakis v Wan [2021] NSWCA 172

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Alexakis v Wan [2021] NSWCA 172 Hearing dates: 28 July 2021 Date of orders: 11 August 2021 Decision date: 11 August 2021 Before: Meagher JA at [1]; Payne JA at [34]; Emmett AJA at [35] Decision: Dismiss the appeal with costs. Catchwords: CONTRACT – 2018 edition Law Society of New South Wales standard form contract for sale of land – construction – where additional clause 38 provided for payment of deposit in two instalments – where clause 2.3 made time for payment of second instalment "essential" – where deadline for payment not a business day – whether time for payment extended to next business day by clause 21.5 – whether exception to application of clause 21.5 "in the case of clauses 2 and 3.2" engaged Legislation Cited: Conveyancing Act 1919 (NSW), s 55(2A) Category: Principal judgment Parties: Theo Alexakis (Appellant) Chi Hing Wan (First Respondent) Kwan Yee Chan (Second Respondent) Representation: Counsel: D A Smallbone with D Edney and A C Smyth (Appellant) D W Rayment with A Smorchevsky (Respondents)

Solicitors: Stern Law Solicitors (Appellant) Frank Low Yeung (Respondents) File Number(s): 2021/116686 Publication restriction: Nil. Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2021] NSWSC 367 Date of Decision: 12 April 2021 Before: Darke J File Number(s): 2020/57530