Parkin v Pagliuca [2008] NSWSC 168

New South Wales Supreme Court

CITATION : Parkin v Pagliuca [2008] NSWSC 168

HEARING DATE(S) : 20, 21 & 22/02/2008

JUDGMENT DATE : 7 March 2008

JURISDICTION : EQUITY

JUDGMENT OF : Bryson AJ

(1) Declaration that the document titled "Contract for Sale of Land – 2000" edition dated 29 June 2004 naming the Plaintiff as purchaser and the Defendants as Vendor (the "Contract") does not constitute a valid and binding contract. (2) Declaration that the Notice to Complete served by the Defendants on the Plaintiff pursuant to the Contract is void and of no effect. (3) Order that the deposit paid by the Plaintiff to the Defendant pursuant to the purported Contract be refunded to the Plaintiff by the Defendants together with all interest earnt on the investment of deposit. (4) Order that the defendants pay the plaintiff's costs of the proceedings. On the First Cross-claim DECISION : (5) Give judgment for the cross-defendant with costs. On the Second Cross-claim (6) Give judgment for the cross-claimants for damages to be assessed, with costs. (7) Reserve liberty to apply for directions for the conduct of the inquiry as to damages. On the Third Cross-claim (8) Give judgment for the cross-claimant for nominal damages $1. (9) Order that the cross-defendant pay the cross-claimant's costs of the proceedings on the claim and cross-claims on the indemnity basis: but giving credit for any costs recovered by her under other costs orders.

CATCHWORDS : VENDOR and PURCHASER - exchange of contracts - informal exchange by solicitor acting for V and P - copy signed by V complete, copy signed by P did not contain 9 printed pages including alterations and Cooling-off Statements - HELD - no contract formation, alternatively P entitled to rescind because of absence of Cooling-off Statement - Sindel v Georgiou distinguished as in this case there was no earlier consensus which would ground rectification.