Golden Oceans (NSW) Pty Ltd v Evewall Pty Ltd [2009] NSWSC 486

New South Wales Supreme Court

CITATION : Golden Oceans (NSW) Pty Ltd v Evewall Pty Ltd [2009] NSWSC 486

HEARING DATE(S) : 30 April 2009 JURISDICTION : Equity Division Duty Judge List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 30 April 2009

DECISION : Caveat extended until further order

CATCHWORDS : REAL PROPERTY – Caveat – plaintiff claims caveatable interest as purchaser under contract – defendant claims to have terminated for failure to comply with Notice to Complete – whether seriously arguable case that Notice extended – whether balance of convenience favours extension of caveat

CATEGORY : Procedural and other rulings

PARTIES : Golden Oceans (NSW) Pty Ltd (plaintiff) Evewall Pty Ltd (defendant)

FILE NUMBER(S) : SC 2511/09

COUNSEL : Mr D Warren (plaintiff) Ms J Oakley (defendant)

SOLICITORS : Trisley Lawyers (plaintiff) Robert King Solicitor (defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST

BRERETON J

Thursday 30 April 2009

2511/09 Golden Oceans (NSW) Pty Ltd v Evewall Pty Ltd JUDGMENT (ex tempore) 1 HIS HONOUR: The plaintiff Golden Oceans (NSW) Pty Ltd is the purchaser and the defendant Evewall Pty Ltd is the vendor under a Contract for Sale dated 29 September 2008 of property situate at and known as 6 Wine Country Drive, Cessnock in the State of New South Wales, being lot 100 in Deposited Plan 72996, for a price of $3.74 million. Contracts were exchanged on 29 August 2008, when part of the deposit, being $200,000, was paid. The contract specified a completion date of 8 October 2008. The contract not having been completed by that date, the vendor served a Notice to Complete on 2 December 2008, requiring completion by 31 December. Time for compliance with that Notice was extended consensually, on 22 December 2008 to 20 January, and on 24 December 2008 to 20 February 2009.