Bull v Wimble [2003] NSWSC 724

New South Wales Supreme Court

CITATION : Bull v Wimble [2003] NSWSC 724 HEARING DATE(S) : 7 August 2003 JUDGMENT DATE : 7 August 2003 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Order for specific performance

CATCHWORDS : VENDOR AND PURCHASER - specific performance Murray Leslie Bull (First Plaintiff) PARTIES : Glenn Robert Stewart (Second Plaintiff) Julie Ann Stewart (Third Plaintiff) James Alfred Wimble (Defendant) FILE NUMBER(S) : SC 4259 of 2002 COUNSEL : Mr R Charles (Plaintiffs) No appearance (Defendant) SOLICITORS : North Shore Lawyers (Plaintiffs) Unrepresented (Defendant)

- 2 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

THURSDAY 7 AUGUST 2003

4259/02 MURRAY LESLIE BULL & 2 ORS V JAMES ALFRED WIMBLE JUDGMENT 1 HIS HONOUR: In this matter the plaintiffs seek an order for specific performance of a contract dated 14 February 2001 under which they as purchasers agreed to buy from the defendant as vendor property known as 97 to 99 Jarrett Street, Wyoming. The date for completion fixed by the contract in the events which happened was 14 February 2002. The vendor has refused to complete. 2 The vendor has not been present in Court this morning, although he had notice of the proceedings and had written to the Court seeking an adjournment, a letter having been sent to him indicating that if he wished to apply for an adjournment he would have to be present in Court to do so. In the circumstances it is appropriate to proceed in his absence. 3 The evidence establishes that the plaintiffs are ready and willing to complete and that the vendor has refused to complete. In those circumstances they are entitled to an order.