Hong v Gui [2022] NSWCA 245

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hong v Gui [2022] NSWCA 245 Hearing dates: 21 October 2022 Date of orders: 1 December 2022 Decision date: 01 December 2022 Before: Macfarlan JA at [1]; Simpson AJA at [2]; Basten AJA at [3]. Decision: (1) Dismiss the appeal from the judgment of the Equity Division given on 12 April 2022 and orders 1-3 entered on 22 April 2022. (2) Dismiss the appeal from the judgment given on 16 May 2022 and the order entered on 7 July 2022. (3) Order that the appellant pay the respondent's costs in this Court. Catchwords: CONTRACTS – contract for sale of land – termination – wrongful termination –– whether repudiation – vendor giving notice to complete had not provided land tax certificate – whether reasonable recipient of notice would understand vendor's conduct as refusal to perform – vendor's conduct to be understood in context – vendor communicated about settlement and extended settlement date – purchaser failed to reply or take steps to prepare for settlement – vendor purportedly relied on contractual right of rescission – mistaken failure to provide land tax certificate Legislation Cited: Land Tax Management Act 1956 (NSW), s 47 Cases Cited: Amaya v Estate Property Holdings Pty Ltd [2010] NSWSC 32 Amaya v Everest Property Holdings Pty Ltd [2010] NSWCA 315; 15 BPR 28,695 Carter v Mehmet [2021] NSWCA 286; 20 BPR 41,709 Deigan (as executrix for the estate of the late JB Lockrey) v Fussell [2019] NSWCA 299; 19 BPR 39,853 Galafassi v Kelly (2014) 87 NSWLR 119; [2014] NSWCA 190 Woodar Investment Development Ltd v Wimpey Construction UK Ltd [1980] 1 WLR 277 Category: Principal judgment Parties: Lihong Hong (Appellant) Ke Gui (Respondent) Representation: Counsel: Mr N Hutley SC / Mr H Altan (Appellant) Mr A Harding SC / Mr H Fielder (Respondent)