PELLEY & ANOR v. TEBRAN PTY. LIMITED [2006] NSWSC 1072

New South Wales Supreme Court

CITATION : PELLEY & ANOR v. TEBRAN PTY. LIMITED [2006] NSWSC 1072

HEARING DATE(S) : 4 to 7 September 2006

JUDGMENT DATE : 16 October 2006

JURISDICTION : Equity

JUDGMENT OF : Hall J at 1

DECISION : (a) A declaration that the contract for sale entered into between the plaintiffs and the defendant dated 6 September 2002 in respect of Lot 264 in registered Deposited Plan 1057831 ought to be specifically performed and carried into execution. (b) An order that the defendant specifically perform the said contract and carry it into execution so far as it remains to be performed. (c) Liberty to the plaintiffs and the defendant to apply for any further order sought in relation to order (b) above. (d) The cross-claim filed on 31 May 2004 is dismissed. (e) Liberty to the plaintiffs and the defendant to lodge written submissions with my associate within 14 days of the date of judgment as to the costs to be awarded in respect of both the plaintiffs' proceedings and the cross-claim. In the event that the defendant/cross-claimant does not propose to make any submission on the question of costs within that period, then the order of the Court will be: (i) that the defendant pay the plaintiffs' costs of the plaintiffs' proceedings; (ii) that the defendant/cross-claimant pay the plaintiff/cross-defendants' costs of the cross-claim.

CATCHWORDS : Contracts - contract for the sale of vacant land - execution of contract - whether defendant proceeded with all due despatch as required by the special condition in the contract - effect of defendant purporting to rescind the contract - delay on the part of the defendant in performing work under the contract - concurrent obligations on defendant/developer - delay no solely due to developer's agents.