NSW Caselaw
New South Wales Supreme Court
CITATION : June St Clare Buchanan v Catherine Elizabeth Dunstan [2007] NSWSC 248
HEARING DATE(S) : 15 & 16 March 2007
JUDGMENT DATE : 19 March 2007
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 19 March 2007
DECISION : Direct counsel to bring in short minutes of order in accordance with the reasons.
CATCHWORDS : CONVEYANCING – Contract for sale – Purchaser failed to complete – Property resold – Deficiency in sale price – Deposit forfeited – Whether deposit to be credited against reasonable expenses of resale and purchaser's default – Held that in a claim for liquidated damages under cl. 9.3.1 of 2000 edition of New South Wales Standard Contract for the Sale of Land the forfeited deposit is only to be set off against deficiency on resale and not against reasonable expenses of resale and purchaser's default.PROCEDURE – Pleadings – Application for leave to amend pleadings to seek relief against forfeiture – Evidence of prejudice to vendor if leave granted – leave refused.
Property, Stock and Business Agents Act 2002 (NSW) LEGISLATION CITED : Conveyancing Act 1919 (NSW) Civil Procedure Act 2005 (NSW)
Tiplady v Gold Coast Carlton Pty Ltd (1984) 8 FCR 438 Jampco Pty Ltd v Cameron (No. 2) (1985) 3 NSWLR 391 Rothenberger Australia Pty Ltd v Poulsen (2003) 58 NSWLR 288 Hansmar Investments Pty Limited v Perpetual Trustee Company Limited [2007] NSWSC 103 Peter Butt, The Standard Contract for Sale of Land in New South Wales, 2 ed, 1998, LBC Information Services Carpenter v McGrath (1996) 40 NSWLR 39 CASES CITED : Cratchley v Bloom (1984) 3 BPR 9432; (1984) NSW ConvR 555-203 Ockenden v Henly (1858) EB & L 485; 120 ER 590 Consolidated Credit Network Pty Limited v Illawarra Retirement Trust Limited (No. 2) [2005] NSWSC 1007 Eighth SRJ Pty Limited v Merity (1997) 7 BPR 15,189 Clarke v Dilberovic (1982) NSW ConvR 55-083 Poort v Development Underwriting (Vic) Pty Limited (No. 2) (1996) VR 779 Bernard v Weingarth (1997) 8 BPR 15,651 Lucantonio v Ciofuli (2003) 11 BPR 21,181 Mulkearns & Anor v Chandos Developments Pty Limited (No.4) (2005) 12 BPR 22,993
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