NSW Caselaw
New South Wales Supreme Court
CITATION : Dunn v Quayle [2004] NSWSC 1237 HEARING DATE(S) : 15/12/04 JUDGMENT DATE : 16 December 2004
JUDGMENT OF : Gzell J DECISION : Purchaser's summons dismissed. Declaration made that contract validly rescinded. Purchaser to pay vendors' costs.
CATCHWORDS : CONVEYANCING - Relationship of Vendor and Purchaser - Matters Arising between Contract and Conveyance - Special provisions for Council approval of subdivision within specified time - Either party entitled to rescind in absence of approval - Provision for transfer of two lots to vendor - Council approval not forthcoming - Notice of rescission - Whether parties had agreed that the special provisions would not be enforced - No principles involved CASES CITED : Bedroff Pty Ltd v Rennie [2002] NSWSC 928 PARTIES : Garry Jon Dunn - Plaintiff/ Cross Defendant Max Edward Quayle & Anne Sandie Quayle - Defendant/Cross Claimant FILE NUMBER(S) : SC 1387/04 COUNSEL : Mr V R Gray - Plaintiff Mr D L Warren - Defendants SOLICITORS : JP Lawyers Solicitors Attorneys & Conveyancers - Plaintiff/ Cross Defendant Rankin & Nathan Solicitors - Defendant/ Cross Claimants
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
GZELL J
THURSDAY 16 DECEMBER 2004
1387/04 GARRY JON DUNN v MAX EDWARD QUAYLE & ANOR JUDGMENT 1 In September 2002, the plaintiff, Garry Jon Dunn, entered into a contract with the defendants, Max Edward Quayle and Anne Sandie Quayle, to purchase their property. Special provisions made the contract conditional upon local Council approval of a subdivision by a specified time. 2 The case ultimately presented to the court was a simple one. Mr Dunn submitted that an agreement was reached between the parties that neither the purchaser nor the vendors would rely on the special provisions and the contract would be settled whether or not Council approval of the subdivision was forthcoming. The Quayles submitted that no such agreement was reached and that they had validly rescinded the contract for failure of Council approval.
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