Santangelo v Yates Holdings Victoria Pty Ltd [2022] NSWSC 397

Supreme Court New South Wales

Medium Neutral Citation: Santangelo v Yates Holdings Victoria Pty Ltd [2022] NSWSC 397 Hearing dates: 17 & 18 February 2022 Date of orders: 4 April 2022 Decision date: 06 April 2022 Jurisdiction: Equity Before: Slattery J Decision: Decree for specific performance granted. Defendant ordered to pay the plaintiff's costs of the proceedings. Leave granted to the parties to approach the Court to implement the decree. Catchwords: SPECIFIC PERFORMANCE – the plaintiffs sold real estate to the defendant under a standard form Law Society/Real Estate Institute contract for the sale of land – the property land comprises a block of six apartments on a single title – the plaintiffs seek a decree of specific performance of the contract – the plaintiffs contended the defendant failed to complete the contract on the date appointed by and is now in breach of the contract – the defendant resists specific performance of the contract contending the plaintiffs are not ready, willing and able to complete the contract on the basis that they had not adequately answered requisitions said to be requisitions on title – argument confined to certain requisitions which both parties accept are requisitions on title – whether the plaintiffs answered the requisitions on title and are ready willing and able to perform the contract. Legislation Cited: Civil Procedure Act 2005, ss 56 and 57 Real Property Act 1900 ss 45C and 45D Residential Tenancies Act 2010 Residential Tenancies Regulation 2019, Schedule 1, Clause 4(1) Cases Cited: Adolfson v Jengedor Pty Ltd (1995) 6 BPR 14,147 Australian Hardboards Ltd v Hudson Investment Group Ltd (2007) 70 NSWLR 201 BHP Billiton Ltd v Parker (2012) SASR 206 Carter v Mehmet (2021) BPR 41,709 Fuller v Albert (No 2) [2021] NSWCA 183 Godfrey Constructions Pty Ltd v Kanangra Park Pty Ltd (1972) 128 CLR 529 Re Stone and Saville's Contract [1963] 1 WLR 163 Refina Pty Ltd v Binnie [2010] NSWCA 192 South Australian Housing Trust v Development Assessment Commission (1994) 63 SASR 35 Turner v Bladin (1951) 82 CLR 463 Winchcombe Carson Trustee Co v Ball-Rand [1974] 1 NSWLR 477 Texts Cited: ER Daniell, Daniell's Chancery Practice (5th ed, 1871, Stevens & Sons, London) PJ Butt, Land Law (8th ed, 2017, Thomson Reuters) PW Young, C Croft, ML Smith, On Equity (2009, Thomson Reuters) Category: Principal judgment Parties: First Plaintiff: Alfio Santangelo Second Plaintiff: Zina Santangelo Defendant: Yates Holdings Victoria Pty Ltd ACN 608 925 220 Representation: Counsel: Plaintiffs: D. Sulan SC; J. Entwisle Defendant: M.R. Elliott SC; D.K. Smith