Eid v Wollondilly Retirement Village Pty Limited [2003] NSWCA 109

New South Wales Court of Appeal

CITATION : Eid v Wollondilly Retirement Village Pty Limited [2003] NSWCA 109 HEARING DATE(S) : 29 April 2003 JUDGMENT DATE : 29 April 2003

JUDGMENT OF : Mason P at 35; Tobias JA at 1; McColl JA at 36 DECISION : 1. Appeal dismissed; 2. Appellants to pay the Respondent's costs of the appeal on an indemnity basis.

CATCHWORDS : Conveyancing - rectification - ommission in drafting and execution of contract whether common intention as to land to be conveyed - whether land to be conveyed described with sufficient certainty - ND Maralinga Pty Limited v Major Enterprises Pty Limited (1973) 128 CLR 336. CASES CITED : McGeeber v Kritsotakis (Unreported), Equity Division, 18 March 1992 Pejovic v Malinic (1960) 60 SR (NSW) 184 PARTIES : Salim and Rose Eid (Appellants) Wollondilly Retirement Village Pty Ltd (Respondent) FILE NUMBER(S) : CA 40643/02 COUNSEL : W.G. Hodgekiss (Appellants) B. McClintock SC/R.J. Brender (Respondent) SOLICITORS : George Khoury & Co (Appellants) Johnson & Sendall (Respondent)

LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT SC 2903/01 FILE NUMBER(S) : LOWER COURT McClellan J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 040643/02

MASON P TOBIAS JA McCOLL JA

Tuesday 29 April 2003 SALIM AND ROSE EID v WOLLONDILLY RETIREMENT VILLAGE PTY LTD Judgment 1 TOBIAS JA: This is an appeal from a decision of Justice McClellan given on 24 June 2002 whereby his Honour ordered rectification of a written contract dated 26 March 2001 pursuant to which the appellants had agreed to convey to the respondent certain lands in the City of Goulburn for a consideration of $650,000.