Blecher v Zou [2024] NSWSC 70

Supreme Court New South Wales

Medium Neutral Citation: Blecher v Zou [2024] NSWSC 70 Hearing dates: 1 February 2024 Date of orders: 8 February 2024 Decision date: 08 February 2024 Jurisdiction: Equity Before: Pike J Decision: (1) The Court declares that of the funds held in escrow by Laing & Simmons Double Bay in respect of the sale of 26 Myuna Road, Dover Heights on or about 10 August 2022, the Plaintiff is entitled to $99,692.00 and the Defendants are entitled to $308.00. (2) The Court orders the parties to notify Laing & Simmons Double Bay to release the funds in accordance with the declaration set out at Paragraph 1 above. (3) The Court orders the Defendants to pay to the Plaintiff pre-judgment interest in the sum of $9,553.94. (4) The Court orders the Plaintiff file and serve by no later than 15 February 2024 any material and submissions on which she intends to rely on the question of costs, such submissions to be no longer than three pages in length. (5) The Court orders the Defendants to file and serve by no later than 22 February 2024 any material and submissions on which they intend to rely on the question of costs, such submissions to be no longer than three pages in length. (6) The Court orders that the question of costs be determined on the papers. Catchwords: REAL PROPERTY – Sale of land - Repairs – Duty to repair – Obligation under bespoke agreement between vendor and purchaser CONTRACT – terms and conditions – construction and interpretation of contract Legislation Cited: Uniform Civil Procedure Rules (NSW) 2005, Schedule 7 Cases Cited: Hewitt v Debus [2004] NSWCA 54 Kyrwood & Ors v Drinkwater & Ors [2000] NSWCA 126 Ruthol Pty Ltd v Tricon (Australia) Pty Ltd [2005] NSWCA 443 Texts Cited: Nil Category: Principal judgment Parties: Yula Blecher (Plaintiff) Chen Qing Zou (First Defendant) (self-represented) Jing Shen (Second Defendant) (self-represented) Representation: Counsel: Mr Nicholas Allan (Plaintiff)