Van Minh Lam v Tuan Hung Nguyen [2003] NSWSC 1119

New South Wales Supreme Court

CITATION : Van Minh Lam v Tuan Hung Nguyen [2003] NSWSC 1119 HEARING DATE(S) : 7/11/03 JUDGMENT DATE : 2 December 2003

JUDGMENT OF : Burchett AJ at 1 DECISION : Declaration to be made that purported termination of contract pursuant to notice to complete was ineffective. Subject to question deferred by consent of the parties, specific performance to be granted. Costs reserved.

CATCHWORDS : SPECIFIC PERFORMANCE - vendor and purchaser - contractual date for completion waived - parties' obligation to settle in reasonable time - whether purchaser was guilty of unreasonable delay - purchaser's finance arrangements had become "de-activated" by reason of earlier delays on part of vendors - vendors held not entitled to serve their notice to complete - circumstances held appropriate, had it been necessary, to grant relief against forfeiture - Romanos v Pentagold Investments Pty Ltd distinguished. Carr v J A Berriman Pty Ltd (1953) 89 CLR 327 Green v Sevin (1879) 13 Ch D 589 Gustin v Taajamba Pty Limited (1988) NSW ConvR 55-433 CASES CITED : Louinder v Leis (1982) 149 CLR 509 Romanos v Pentagold Investments Pty Ltd [2003] HCA 58 Sindel v Georgiou (1984) 154 CLR 661 Tanwar Enterprises Pty Ltd v Cauchi [2003] HCA 57 PARTIES : Van Minh Lam (Plaintiff) Tuan Hung Nguyen & Linna Zeng (Defendants) FILE NUMBER(S) : SC 2816/03 COUNSEL : C. J. Millard (Plaintiff) M. A. Robinson (Defendant) SOLICITORS : LTN Lawyer (Plaintiff) Dang and Company (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION