Donnellan v Garlick [2006] NSWSC 132

New South Wales Supreme Court

CITATION : Donnellan v Garlick [2006] NSWSC 132

HEARING DATE(S) : 31 January, 1 and 8 February 2006

JUDGMENT DATE : 20 March 2006

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Judgment for the plaintiff for $28,697.85 and declaration as to entitlement to forfeit deposit.

CATCHWORDS : CONVEYANCING - vendor and purchaser - purchaser failing to complete contract - termination by vendor - whether termination valid - claim for damages pursuant to contractual right to claim loss on resale - calculation of damages

CASES CITED : Carpenter v McGrath (1996) 40 NSWLR 39 Jampco Pty Ltd v Cameron (No 2) (1985) 3 NSWLR 391; [1986] NSW ConvR 55-275

PARTIES : Suzanne Ariane Larissa Donnellan (Plaintiff) John Andrew Garlick (Defendant)

FILE NUMBER(S) : SC 1875 of 2005

COUNSEL : Mrs J Baxter (Plaintiff) In Person (Defendant)

SOLICITORS : In Person (Plaintiff) In Person (Defendant)

- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

MONDAY 20 MARCH 2006.

1875/05 SUZANNE ARIANE LARISSA DONNELLAN V JOHN ANDREW GARLICK JUDGMENT Outline 1 The plaintiff, Suzanne Donnellan (Donnellan), as vendor, sold to the defendant John Garlick (Garlick) as trustee of the Arwen Trust as purchaser, property 88 Berowra Waters Road, Berowra under contract of sale dated 31 May 2004. The sale price was $640,000.00 2 Garlick failed to complete within the time specified in the contract. He failed to complete in accordance with a notice to complete. Donnellan terminated the contract. She sues for damages not for breach of contract but pursuant to her rights under the contract. Other facts 3 The contract was entered into on 31 May 2004. It provided: