MUNRO & ANOR v. BODREX P/L [2002] NSWSC 122

New South Wales Supreme Court

CITATION : MUNRO & ANOR v. BODREX P/L [2002] NSWSC 122 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 5212/01 HEARING DATE(S) : 07/02/2002 JUDGMENT DATE : 6 March 2002

PARTIES : Catherine Isobel Munro and Neil Alexander Munro - Plaintiffs Bodrex Pty Ltd ACN 087 483 074 - Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : R.J. Powell - Plaintiffs T. Lynch - Defendant SOLICITORS : Loder & Loder - Plaintiffs Sachs Gerace Lawyers - Defendant CATCHWORDS : VENDOR and PURCHASER - matters arising between contract and completion - rescission - sale off-the-plan of home unit in proposed Strata Plan of building not yet built - Special Condition gave vendor right of rescission if Strata Plan not registered by 8 October - plan registered on 5 November - consideration of facts relating to causes of delay and grounds given by Council officers for not granting consent to Strata Plan - found that non-registration was caused by breaches of contract by vendor and purported rescission was not effective. LEGISLATION CITED : Environmental Planning and Assessment Act 1979 subs.79C(4) Peters (WA) Ltd v. Petersville Ltd (2001) 75 ALJR 1385 Plumor Pty Ltd v. Handley (1996 ) 41 NSWLR 30 CASES CITED : Hunyor & Anor v. Tilelli (1997) 8BPR [97667] 15,629 Woodcock v. Parlby Investments Pty Ltd (1988) 4 BPR 97301 Pierce Bell Sales Pty Ltd v. Frazer (1973) 130 CLR 575 at 590 DECISION : Order for specific performance and other relief: see [72]

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION