Generosity Beverages Pty Ltd v Mare Custodian Company Pty Ltd [2022] NSWSC 484

Supreme Court New South Wales

Medium Neutral Citation: Generosity Beverages Pty Ltd v Mare Custodian Company Pty Ltd [2022] NSWSC 484 Hearing dates: 17-18 November 2021, 4 and 31 March 2022 Date of orders: 26 April 2022 Decision date: 26 April 2022 Jurisdiction: Equity Before: Darke J Decision: See at [92]. Catchwords: LAND LAW – contract for the sale of land – notice to complete – obligations of vendor and purchaser under contract for the sale of land – where purchaser issued notice to complete making time of the essence – where purchaser itself then failed to complete within the time specified in the notice to complete – where vendor terminates the contract – whether vendor validly terminated contract for sale by reason of purchaser's failure to complete – whether vendor in breach of contract by failing to provide keys to facilitate inspection of property – whether conduct of vendor a default that materially contributed to the failure of the purchaser to complete – whether vendor was itself ready, willing and able to perform its obligations to complete within the time specified in the notice to complete – held that vendor was entitled to terminate the contract – held that vendor is entitled to deposit Cases Cited: Abourjaily v Parkview Estate Pty Ltd [2017] NSWSC 1256 Barrak Corporation Pty Ltd v Jaswil Properties Pty Ltd (2016) 18 BPR 35,759; [2016] NSWCA 32 Cumberland Consolidated Holdings, Ltd v Ireland [1946] 1 KB 264 Falconer v Wilson [1973] 2 NSWLR 131 Frankcombe v Foster Investments Pty Ltd [1978] 2 NSWLR 41 Michael Realty Pty Ltd v Carr [1977] 1 NSWLR 553 Point Glebe Pty Ltd v Lidofind Pty Ltd (1988) 5 BPR 11,427 Psaltis v Schultz (1948) 76 CLR 547 Sentinel Orange Homemaker Pty Ltd v Davis Investment Group Holdings Pty Ltd (in liq) (2021) 20 BPR 41,497; [2021] NSWSC 550 Sharjade Pty Ltd v Commonwealth (2009) 15 BPR 28,443; [2009] NSWCA 373 Category: Principal judgment Parties: Generosity Beverages Pty Ltd (Plaintiff/Cross-Defendant) Mare Custodian Company Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: Mr A Hourigan with Mr M Isaac (Plaintiff/Cross-Defendant) Mr P B Walsh (Defendant/Cross-Claimant)