LUXFORD & ANOR v SIDHU & 3 ORS [2007] NSWSC 1356

Reported Decision : (2008) NSW Conv R 56-203

New South Wales Supreme Court

CITATION : LUXFORD & ANOR v SIDHU & 3 ORS [2007] NSWSC 1356

HEARING DATE(S) : 12-15/11/2007

JUDGMENT DATE : 3 December 2007

JURISDICTION : EQUITY

JUDGMENT OF : Bryson AJ at 1

CATCHWORDS : VENDOR AND PURCHASER - vendors sue for damages and for deposit after purchaser fails to complete - purchaser's failure to complete arose from (1) discovery after exchange of SEPP53 providing for likely medium-density development of neighbouring property (but not of property sold) (2) discovery that agent misrepresented existence of rival purchaser and called for immediate exchange - purchaser cross-claims damages for fraudulent misrepresentation by agent about interest of supposed other prospective purchaser factual disputes between vendor and agent about responsibility for misrepresentation - on valuation evidence the property's value was equal to the sale price, hence no damages, cross-claimed failed and damages awarded to vendors for failure to complete - vendors' alternate claim against agent, purchaser's claim against her solicitor also dismissed.

LEGISLATION CITED : Conveyancing Act 1919 Local Government Act

Colin Robert Luxford and Ann Mary Luxford - Plaintiffs Evelyn Perpetual Sidhu - First Defendant PARTIES : PA & NA Johnson Pty Ltd - Second Defendant Johnson Prestige Realty Pty Ltd - Third Defendant David Michael Johnson - Fourth Defendant Peter Michael McBride and Anna Maria Bernadette Marano - Cross Defendants

FILE NUMBER(S) : SC 6058/2005

G.C. Lindsay SC and G. Lucarelli - Plaintiff COUNSEL : D.E. Grieve QC and T. Lynch - First Defendant R. Sheldon - Second, Third and Fourth Defendants I.R. Pike - Cross-defendants