Tran v Bakour [2025] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: Tran v Bakour [2025] NSWSC 101 Hearing dates: 12 and 13 February 2025 Date of orders: 27 February 2025 Decision date: 27 February 2025 Jurisdiction: Equity - Real Property List Before: Pike J Decision: (1) Declare that the contract for sale and purchase of land between the plaintiff as purchaser and the defendant as vendor dated 6 April 2023 in respect of the property known as XXX Wangee Road, Greenacre, New South Wales, 2190 being all of the land and improvements in folio identifier XX/XXXXX should be specifically performed and carried into execution. (2) Order that the defendant execute all such instruments and do all such things as are necessary in order to specifically perform the contract and carry the contract into execution within 28 days. (3) Grant liberty to either party to relist the proceedings on 3 days' notice, setting out the relief sought. (4) Direct the parties to confer as to the appropriate costs order to be made in the proceedings and to provide by email to my Associate by no later than 4pm on 3 March 2025 any agreed orders as to costs. (5) In the event that the parties are unable to agree as to the appropriate costs order: (a) direct the parties to provide by email to my Associate by no later than 4pm on 3 March 2025 any material and submissions relied on in relation to costs, such submissions not to exceed 5 pages; and (b) direct the parties to provide by email to my Associate by no later than 4pm on 10 March 2025 any material and submissions in reply on costs, such submissions not to exceed 3 pages, whereupon the Court will determine the issue of costs on the papers. Catchwords: CONTRACTS – contract for sale of land – specific performance – no question of principle EQUITY – Equitable remedies – specific performance – whether purchaser ready, willing and able to complete – defence of hardship – no question of principle Legislation Cited: Contracts Review Act 1980 (NSW) Cases Cited: Carydis v Merrag Pty Ltd [2007] NSWSC 1220 David Jones Ltd v Perpetual Ltd [2006] QSC 337 Dougan v Ley (1946) 71 CLR 142; [1946] HCA 3 ET-China.com International Holdings Limited & Anor v Cheung & Ors (2021) 338 ALR 128; [2021] NSWCA 24 Golden Oceans (NSW) Pty Ltd v Evewall Pty Ltd [2009] NSWSC 674 Hewett v Court (1983) 149 CLR 639; [1983] HCA 7 IGA Distribution Pty Ltd v King & Taylor Pty Ltd [2002] VSC 440 Patel v Ali [1984] 1 Ch 283 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Principal judgment Parties: Huu Phuc Tran (Plaintiff) Nada Bakour (Defendant) Representation: Counsel: Mr P Newton SC and Mr M Hazan (Plaintiff) Mr D Allen (Defendant) Solicitors: McCabes Lawyers (Plaintiff) Edmond Khoury Solicitors (Defendant) File Number(s): 2023/00268501 Publication restriction: Nil