Khash Holdings Pty Limited v Varma [2005] NSWSC 1215

New South Wales Supreme Court

CITATION : Khash Holdings Pty Limited v Varma [2005] NSWSC 1215

HEARING DATE(S) : 28 November 2005

JUDGMENT DATE : 28 November 2005

JURISDICTION : EQUITY DIVISION

JUDGMENT OF : Lloyd AJ

DECISION : 1. A Declaration that the contract made between the plaintiff as vendor and the defendant as purchaser on 13 December 2003 (as varied between the parties in writing on 18 June 2004) for the sale and purchase of the property referred to in Certificate of Title Folio Identifier 801/1068323 and situate at The Appian Way, Mt Vernon in the State of New South Wales is valid and enforceable. 2. An Order the aforesaid contract (as varied aforesaid) be specifically performed and carried into execution. 3. An Order that on 14 December 2005 at 12:00 pm the defendant do attend at the offices of the L Capolupo & Co, Solicitors, at Suite 4, 9 Station Street, Fairfield, to do all thins necessary to complete the aforesaid contract for the purchase of the property and to pay the plaintiff the sum of $1,273,052.00 (being the balance of the purchase price of 1,140,000.00 plus interest thereon calculated as and from 13 October 2004 to the date of settlement, 14 December 2005 in accordance with Special Condition 5, as varied by the parties on 18 June 2005). 4. An Order that the Amended Summons otherwise stand over generally with liberty to apply. 5. An Order that the defendant pay the plaintiff's costs.

CATCHWORDS : REAL PROPERTY: - Failure to complete contract for the sale of land - specific performance - defences to specific performance - impossibility - utility

Pasedina (Holdings) Pty Limited v Khouri (1977) 1 BPR 9460 Turner v Oates Properties Pty Limited [2004] NSWSC 732 CASES CITED : Wollondily Shire Council v Picton Power Lines Pty Limited (1991) 5 BPR 11,503 Zorbas v Titan Properties (Aust) Pty Limited [2005] NSWSC 440