HARDY & ANOR v. WARDY [2001] NSWSC 1141

New South Wales Supreme Court

CITATION : HARDY & ANOR v. WARDY [2001] NSWSC 1141 revised - 6/02/2002 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 3936/2000 HEARING DATE(S) : 8 & 9/11/2001 JUDGMENT DATE : 12 December 2001

Gavan Hardy - Plaintiff PARTIES : Motor Direct Pty Limited - Second Plaintiff Edmond Wardy - Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : R. Kaye - Plaintiffs I.M. Khan - Defendant SOLICITORS : Deacons Lawyers - Plaintiffs Hunt & Hunt - Defendant CATCHWORDS : VENDOR and PURCHASER - agreement for sale of lot in unregistered subdivision plan - contract of sale of land exchanged under order for specific performance after exercise of option to purchase in lease - contract incorporated cl 28 of 2000 Standard Conditions with 6 months for completing subdivision - vendor sought leave to rescind after not completing works required by Development Consent within available time - consideration of the operation of cl 28 and whether vendor had done everything reasonable to have the plan of subdivision registered within 6 months - on the facts it was found that he had not and leave to rescind was refused. Consideration of case law relating to right to rescind where time for registration of plan not achieved through vendor's fault. LEGISLATION CITED : Sydney Water Act 1994 Sunbird Plaza Pty Ltd v. Maloney (1988) 166 CLR 245 Masters v. Belpate Pty Ltd (2001) 10 BPR 18,527 Hawes v. Cuzeno Pty Ltd (1999) 10 BPR 18,011 CASES CITED : Woodcock v. Parlby Investments Pty Ltd (1988) 4 BPR 9568 Peters (WA) Ltd v. Petersville Ltd (2001) 75 ALJR 1385 Plumor Pty Ltd v. Handley (1996) 41 NSWLR 30 Hunyor v. Tilelli (1997) 8 BPR 15,629 DECISION : See para 28.