Ng v Chong [2005] NSWSC 270

Reported Decision : (2005) NSW ConvR 56-130

New South Wales Supreme Court

CITATION : Ng v Chong [2005] NSWSC 270

HEARING DATE(S) : 24 - 26 May, 17 - 19 August, 3 September, 6 & 9 November 2004

JUDGMENT DATE : 31 March 2005

JURISDICTION : Equity

JUDGMENT OF : Hamilton J

DECISION : Purported termination invalid; contract should be specifically performed. On cross claim against solicitor some breaches of retainer established but no substantial damages.

CATCHWORDS : CONVEYANCING [60], [62], [63] - Relationship of vendor and purchaser - Matters arising between contract and conveyance - Time - Time of the essence - Generally - Notice to complete - General rule as to entitlement to give - Reasonableness of time - Notice less than 14 days - Efficacy of notice addressed to two of three purchasers but not to the third - EQUITY [70] - General principles - Mistake - Effect on contracts - Mistake as to nature or contents of document - Defence of non est factum - Elements of - ESTOPPEL [29], [42] - Estoppel by convention - Estoppel in pais - The representation - By conduct - Conveyancing cases - Issue of notice to complete - Recipients do not object to notice as defective - Whether estoppel by convention or estoppel by representation arises - TORTS [60] - Negligence - Essentials of action for negligence - Damage - Causation - Generally - Failure to give advice - Onus on plaintiff to establish what would have happened had appropriate advice been given - Necessity to prove causal connection between failure to advise and damage suffered - TRADE AND COMMERCE [84] - Trade practices and related matters - Consumer protection - Misleading, deceptive or unconscionable conduct - Character and attributes of conduct - Silence and concealment - Whether silence can constitute a misrepresentation - Whether duty of disclosure.