Culjak v Akrawe [2022] NSWSC 949

Supreme Court New South Wales

Medium Neutral Citation: Culjak v Akrawe [2022] NSWSC 949 Hearing dates: 27-28 June 2022; 7 July 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Equity Before: Darke J Decision: Plaintiffs held entitled to recover deposit after validly terminating contract for first defendant's breach. Catchwords: CONTRACTS – contract for the sale of land – notice to complete – relief against forfeiture – specific performance – where purchaser failed to complete by time specified in notice to complete – where vendors subsequently terminated contract – where purchaser seeks relief against forfeiture – not shown that vendors caused or contributed to purchaser's breach of contract – held that vendors' exercise of legal right to terminate the contract was not unconscientious – specific performance accordingly not available CONTRACTS – deposit – contract for the sale of land – where vendors claim to have forfeited purchaser's deposit by reason of purchaser's breach of contract – where purchaser seeks order for return of deposit pursuant to Conveyancing Act 1919 (NSW) s 55(2A) – held not unjust or inequitable to allow vendors to forfeit the deposit in accordance with the terms of the contract Legislation Cited: Conveyancing Act 1919 (NSW), s 55(2A) Cases Cited: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 Harkins v Butcher; Butcher v Lachlan Elder Realty Pty Ltd (2002) 55 NSWLR 558; [2002] NSWCA 237 Havyn Pty Ltd v Webster (2005) 12 BPR 22,837; [2005] NSWCA 182 Lucas & Tait (Investments) Pty Ltd v Victoria Securities Ltd [1973] 2 NSWLR 268 Luu v Sovereign Developments Pty Ltd (2006) 12 BPR 23,629; [2006] NSWCA 40 Romanos v Pentagold Investments Pty Ltd (2003) 217 CLR 367; [2003] HCA 58 Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315; [2003] HCA 57 Category: Principal judgment Parties: Margaret Marita Culjak (First Plaintiff/First Cross-Defendant) Ante Culjak (Second Plaintiff/Second Cross-Defendant) Behnam Said Akrawe (First Defendant/Cross-Claimant) BMD Consulting Pty Ltd (Second Defendant) Representation: Counsel: Mr M Lozina (Plaintiffs/Cross-Defendants) Mr S Y Reuben (First Defendant/Cross-Claimant)