NSW Caselaw
ST CLAIR v PETRICEVIC
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CLARKE JA 22 June 1988
[1988] NSWCA 141
Clarke JA The claimant is the appellant who has appealed from a decision of Waddell J handed down on 6 May 1988. She made two applications to this Court. In the first place she sought an expedited hearing of the appeal and in the second place she sought a stay of execution of the order made by his Honour in which he decreed specific performance of a contract entered into between the parties on 24 April 1987.
I have already dealt with the application for an expedited hearing and have acceded to it. The form of expedition which I granted makes it likely that the hearing of the appeal will proceed in mid to late August. Accordingly, when I come to consider the question of a stay I am looking at a period of about two months, although if I were to grant a stay until the termination of the appeal the period could conceivably be longer.
The contract of which specific performance was decreed was a contract whereby the appellant agreed to sell her home to the respondent for $1,250,000. She declined to proceed with the sale and accordingly proceedings were instituted by the respondents on 9 June 1987. Her response was to file a defence which raised a number of answers to the claimant. It is unnecessary to mention other than her allegation that the contract should be set aside under the Contract Review Act.
In support of that defence (and indeed the other defences) she sought to establish that at the time of the contract she was under considerable stress and agreed to enter into the contract only in response to a threat which had been made through the medium of her agent Mr Smith. Lest it be unclear, the threat was said to have come from the first respondent.
The factors which led to her stress included the collapse of her business, injuries to relatives in an accident and, most importantly, her discovery that she was suffering from a rare form of cancer and later treatment for that condition.
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