Norris v Kandiah [2008] NSWSC 283

New South Wales Supreme Court

CITATION : Norris v Kandiah [2008] NSWSC 283 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE : 26 March 2008

JUDGMENT OF : Rein AJ

DECISION : At [54] and following.

CATCHWORDS : Loan agreement using contract for sale as form of security - whether abandoned by mutual agreement - Earlier loan whether interest agreed to be paid and whether fully repaid.

CATEGORY : Principal judgment

CASES CITED : Austin v United Dominions Corporation Ltd [1984] 2 NSWLR 612

Richard Francis, Maxims of Equity, 1728 TEXTS CITED : Meagher, Gummow and Lehane's Equity - Doctrines & Remedies (4th edn, Lexis Nexis, 2002) Carter's Breach of Contract (2nd edn, Law Book Company Ltd, 1991) Cheshire & Fifoot's Law of Contract (7th edn, Seddon & Ellingham, Butterworths, 1997)

PARTIES : Geoffrey Norris (Plaintiff) Nagasothey Kandiah (Defendant)

FILE NUMBER(S) : SC 3972/2007

COUNSEL : Mr. R.J. Horsley (Plaintiff) Mr G.A. Rich (Defendant)

JUDGMENT

1 HIS HONOUR: As at February 2007, the plaintiff (Mr Geoffrey Norris) owned inter alia three properties: two units in the Brisbane suburb of Toowong, number 12 and number 59 Centro ("the Centro units") and a property called Mornington at Kangaroo Point ("Mornington").

2 The defendant entered into written agreements to purchase the Centro units (see pp. 46-53 Exhibit A). Those transactions were ultimately completed but the date of settlement was postponed on a number of occasions (8 April, 30 April, 8 May and 11 May 2007), because the amount which the defendant had agreed to pay was less than the amount then due to ensure clear title was given to her for the Centro units. Settlement of the Centro units did occur on 22 May 2007 and title was transferred to the defendant.