Sara Investments (NSW) Pty Limited v West Asset Holdings Pty Ltd [2022] NSWCA 207

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sara Investments (NSW) Pty Limited v West Asset Holdings Pty Ltd [2022] NSWCA 207 Hearing dates: 5 October 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Before: Meagher JA at [1]; Brereton JA at [2]; Mitchelmore JA at [19]. Decision: Dismiss the appeal, with costs. Catchwords: CONTRACTS – Remedies – Specific performance – Requirement that plaintiff be ready, willing and able to perform its obligations under contract – Presumption in UCPR r 14.11 that a statement to that effect is implied in pleading – Plaintiff's readiness, willingness and ability not traversed in defence and therefore taken to be admitted – Issue not resurrected in cross-examination such as to require evidence to be adduced – No error in primary judge's conclusion that plaintiff was ready, willing and able to perform its obligations APPEALS – Procedure – Grounds of appeal not formally abandoned but not canvassed in written reply submissions and expressly not supported in oral submissions – Grounds taken to raise no issue of principle – Disposal "in short form" under Supreme Court Act 1970 (NSW), s 45(4) and UCPR r 51.55 Legislation Cited: Supreme Court Act 1970 (NSW), s 45(4) Uniform Civil Procedure Rules 2005 (NSW), rr 14.11, 51.55 Cases Cited: ASIC v Hellicar (2012) 247 CLR 345; [2012] HCA 17 Bahr v Nicolay (No 2) (1988) 164 CLR 604; [1988] HCA 16 Dalswinton Pastoral Company v Cole [2006] NSWSC 570 Gates v WA & RJ Jacobs Ltd [1920] 1 Ch 567 Category: Principal judgment Parties: Sara Investments (NSW) Pty Limited (First Appellant) Bulolo Investments Pty Ltd (Second Appellant)