NSW Caselaw
Reported Decision : (2007) NSW ConvR 56-176
New South Wales Supreme Court
CITATION : Zografakis v McCarthy [2007] NSWSC 144
HEARING DATE(S) : 7, 21 & 27 February 2007
JUDGMENT DATE : 28 February 2007
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : Vendors under contract for sale of land had elected for recovery of deficiency on resale and related claims rather than common law damages. Items recoverable determined.
CATCHWORDS : CONVEYANCING [100] – Relationship of vendor and purchaser – Breach of contract – Breach by the purchaser: remedies of vendor – Re-sale – Recovery of deficiency – Election between recovery of deficiency and common law damages – What constitutes – Basis of calculation of what may be recovered.
LEGISLATION CITED : Civil Procedure Act 2005 s 100 Uniform Civil Procedure Rules 2005 Schedule 5
Advance Commercial Finance Ltd v Aarons (1996) 7 BPR 14,523 Bushwall Properties Ltd v Vortex Ltd [1975] 1 WLR 1649 Carpenter v McGrath (1996) 40 NSWLR 39 Castlemaine Tooheys Ltd v Carlton & United Breweries Ltd (1987) 10 NSWLR 468 Concut Pty Ltd v Worrell (2000) 75 ALJR 312 Degmam Pty Ltd (in liq) v Wright [1983] 2 NSWLR 601 CASES CITED : Eighth SRJ Pty Ltd v Merity (1997) 7 BPR 15,189 Jampco Pty Ltd v Cameron (No 2) (1985) 3 NSWLR 391 Taylor v Raglan Developments Pty Ltd [1981] 2 NSWLR 117 Wallace-Smith v Thiess Infraco (Swanston) Pty Ltd (2005) 218 ALR 1 Peter Butt, The Standard Contract for Sale of Land in New South Wales (2nd ed 1998) [9.74], [9.148], [9.185], [9.192] McGregor on Damages (17th ed 2003) 22-005 - 22-009 Standard Contract for the Sale of Land - 2000 ed, cls 9.1, 9.3
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