Bugeja v Bugeja [2024] NSWSC 927

Supreme Court New South Wales

Medium Neutral Citation: Bugeja v Bugeja [2024] NSWSC 927 Hearing dates: 18, 19, 20, 21, 22, 25 & 26 September, 20 November 2023 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Equity Before: Slattery J Decision: Defendants are found to have executed the counterpart of the deed that bears their signatures. A decree of specific performance of the deed is granted upon terms. Directions made for the resolution of costs issues and other consequential relief. Catchwords: CONTRACT – execution – the plaintiffs executed one counterpart of a deed and contend that the defendants executed the other counterpart of the deed – the form of deed records an agreement between the plaintiffs and the defendants that the plaintiffs would not bid at a forthcoming auction of a farming property – the expressed consideration for the agreement of the plaintiffs not bidding at the auction was that if the defendants were successful at the auction that they would transfer another property to the plaintiffs that was adjacent to the plaintiffs' existing farming property – defendants successfully bid at the auction of the farming property and acquired the auctioned property – defendants refuse to transfer the other farming property adjacent to the plaintiff's property – defendants deny executing the counterpart of the deed – whether or not the defendants executed the counterpart of the deed that apparently bears their signatures – no issue that if the defendants executed the counterpart of the deed that bears their signatures that the deed is specifically enforceable. Legislation Cited: Civil Procedure Act 2005 s 56 Cases Cited: Gawne v Gawne (1979) 2 NSWLR 449 Jones v Dunkel [1959] HCA 8; 101 CLR 298; 32 ALJR 395 Kevin John Lewis v Peggy Lillian Mayhew as executor of the estate of the late Peter William Stewart [2020] NSWSC 1215 Lady Naas v Westminster Bank Ltd (1940) AC 366 Payne v Parker [1976] 1 NSWLR 191 Sumner v Booth (1974) 2 NSWLR 174 Texts Cited: JD Heydon, Cross on Evidence, 5th Edition, Butterworths Meagher Gummow and Lehane's Equity Doctrines and Remedies, 5th Editon LexisNexis Butterworths Australia 2015 Category: Principal judgment Parties: Plaintiffs: Johnathon and Rebecca Bugeja Defendants: Frank and Elizabeth Bugeja Representation: Counsel: Plaintiffs: S. Jacobs Defendants: A. Moutasallem