Plexvon Neutral Bay Pty Ltd v Lily [2007] NSWSC 423

New South Wales Supreme Court

CITATION : Plexvon Neutral Bay Pty Ltd v Lily [2007] NSWSC 423

HEARING DATE(S) : 18 April 2007

JUDGMENT DATE : 18 April 2007

JURISDICTION : Equity

JUDGMENT OF : Hamilton J

DECISION : Specific performance ordered.

CATCHWORDS : EQUITY [379] - Equitable remedies - Specific performance - The jurisdiction in general - General principles - Enforcement by vendor.

CASES CITED : Gaggin v Lemari (2002) 10 BPR 18,381

PARTIES : Plexvon Neutral Bay Pty Limited (P) Agnes Lily (D)

FILE NUMBER(S) : SC 1259/07

COUNSEL : P Bolster (P) No appearance (D)

SOLICITORS : G P Bartels (P) No appearance (D)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J

WEDNESDAY, 18 APRIL 2007

1259/07 PLEXVON NEUTRAL BAY PTY LIMITED v AGNES LILY JUDGMENT 1 HIS HONOUR: This is the ex parte trial of proceedings for specific performance of a contract for the sale of land brought by the plaintiff by a statement of claim filed on 25 January 2007. The land contracted by that contract to be sold is land that has become Lot 10 in Strata Plan 77880. The date of the contract was 4 June 2004 and the price of the lot sold was $700,000. 2 The contract by clause 33 provided, in the events which have occurred, for completion on a day which was the 14th day after service on the defendant of notice of the registration of the strata plan and the 14th day after the vendor served a copy of the certificate of occupation on the purchaser. 3 Clause 35 of the contract provided as follows: " Interest 35.1: Should completion of the Agreement not take place within the time specified in Special Condition 33 hereof otherwise than as a result of any default by the vendor under this agreement,