Gough Family Holdings Pty Ltd v Ramiza Aktareen Khan & Bobby Bakar Ali [2021] NSWDC 454

District Court New South Wales

Medium Neutral Citation: Gough Family Holdings Pty Ltd v Ramiza Aktareen Khan & Bobby Bakar Ali [2021] NSWDC 454 Hearing dates: 31 August 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Judgment for the Plaintiff in the sum of $55,288.39 plus interest. For orders see [54]. Catchwords: CONTRACT – contract for sale of land – whether purported notice of termination of contract valid. Cases Cited: Ballas v Theophilos (No 2) (1957) 98 CLR 193; [1957] HCA 90 Balog v Crestani (1975) 132 CLR 289; [1975] HCA 16 Coefficiency Pty Ltd v Workforce International Pty Ltd [2005] NSWCA 300 Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313 Category: Principal judgment Parties: Gough Family Holdings Pty Ltd (Plaintiff) Ramiza Aktareen Khan (First Defendant) Bobby Bakar Ali (Second Defendant) Representation: Counsel: M. Cobb-Clark (Plaintiff) G. Turner (Defendants)

Solicitors: F. Alvaro (Plaintiff) S. Barry (Defendants) File Number(s): 2019/347781 Publication restriction: Nil

Judgment

The plaintiff's claim 1. The plaintiff claims damages (which are agreed in the sum of $55,288.39 plus interest) for losses incurred by the plaintiff following termination of a contract for sale of land entered into between the parties on 15 May 2018. The hearing proceeded on affidavit evidence and there was no issue requiring factual determination. 2. The sole question for determination in the proceedings is whether an email sent by the plaintiff's solicitor to the defendants' solicitor on 27 June 2018 constituted a valid notice of termination of the contract for sale. 3. In determining that issue, it is necessary to set out a short chronology of relevant events, the relevant contractual provisions, the vendor's solicitor's email (sent on 27 June 2018 and received by the purchaser's solicitor on 28 June 2018) and a summary of the parties' submissions.