Acorn Cove Pty Ltd v Ciallella [2006] NSWSC 435

New South Wales Supreme Court

CITATION : Acorn Cove Pty Ltd v Ciallella [2006] NSWSC 435

HEARING DATE(S) : 26/04/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 04/26/2006

DECISION : Notice of motion dismissed with costs.

CATCHWORDS : CONVEYANCING - Land Titles under the Torrens System - Caveats against dealings - Application for extension of caveat - Irrevocable undertaking to sell property signed by landowner - Whether offer or acceptance - Whether the Convayancing Act 1919, s 54A(1) requiring note or memorandum in writing signed by person to be charged was satisfied

LEGISLATION CITED : Conveyancing Act 1919

CASES CITED : John Wakim & Sons Pty Ltd v BBA Industries Pty Limited (2000) NSW ConvR 55-946

PARTIES : Acorn Cove Pty Ltd - Plaintiff Natalino Ciallella - Defendant

FILE NUMBER(S) : SC 2445/06

COUNSEL : Mr G Sirtes - Plaintiff Mr C Freeman - Defendant

SOLICITORS : Graeme McKimm Solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

WEDNESDAY 26 APRIL 2006

2445/06 ACORN COVE PTY LTD v NATALINO CIALLELIA EX TEMPORE JUDGMENT 1 On 17 April 2006 Peter Lazaris, an officer of Acorn Cove Pty Ltd, the plaintiff, spoke with Natalino Ciallella, the defendant, with respect to the purchase of his property. Mr Cillella said he wanted $1.1 million; Mr Lazaris said that was out of the question. Mr Cillella said he would make it $1.075 million. Mr Lazaris said that was still too dear. Mr Ciallella then said his final price was $1.05 million, not one dollar less. Mr Lazaris said: "Okay, I will find out if my directors have any interest." 2 Mr Lazaris reported to his directors and was asked by them to have Mr Ciallella sign an undertaking that he was serious about selling the property at that price. Mr Lazaris then had a further conversation with Mr Ciallella in which he said the directors wanted him to sign a paper nominating his price and the particulars of his solicitor, if he were serious to sell. Mr Ciallella said: "Okay but I don't want to wait three weeks I will cross it out". That was a reference to a portion of the document that had been prepared by Acorn Cove. It was in these terms: "To Acorn Cove Pty Ltd 377 Riley Street, Surry Hills 2010 I, [there was a space in which Mr Ciallella filled out his name] hereby give an irrevocable undertaking for a period of three weeks [Mr Ciallella struck out the words "three weeks"] that I will sell the property at 373 Riley St, Surry Hills 2010. For the sum of [there was a space in which Mr Ciallella filled in the figures $1,050,000]."