NSW Caselaw
New South Wales Supreme Court
CITATION : Mordue v Kroone [2009] NSWSC 255
HEARING DATE(S) : 20 February 2009 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 20 February 2009
DECISION : Motion for leave to rescind contract dismissed with costs
CATCHWORDS : CONTRACT – Specific Performance – Application by defendant/vendor for leave to rescind - Where Court has already ordered specific performance of the contract but remains uncompleted - Contractual right to rescind cannot be exercised by party in default - Whether valid notice to perform provided by Defendant - Whether failure to comply gives rise to right to terminate or rescind - Notice provided by Defendant was not a notice to perform
LEGISLATION CITED : Uniform Civil Procedure Rules r 36.5(2)(b)
CATEGORY : Principal judgment
Abraham v Mallon (1975) 1 BPR 9157 Hardy v Wardy [2001] NSWSC 1141 Masters v Belpate Pty Ltd [2001] NSWSC 169 Michael Realty Pty Limited v Carr [1977] 1 NSWLR 553 CASES CITED : Mitchell v Pattern Holdings Pty Ltd [2002] NSWCA 212, (2002) 11 BPR 20,241 Pelley v Tebran Pty Ltd [2006] NSWSC 1072 Plumor Pty Ltd v Handley (1996) 41 NSWLR 30 Sanctuary Investments Pty Limited v St Gregory's Armenian School Incorporated (1998) 9 BPR 16,823 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418
Richard John Mordue (first plaintiff) PARTIES : Lynelle June Mordue (second plaintiff) Chandi Kroone (defendant)
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