NSW Caselaw
New South Wales Supreme Court
CITATION : Ferrazza v Pandher [2009] NSWSC 66
HEARING DATE(S) : 16/02/2009
JUDGMENT DATE : 16 February 2009
JURISDICTION : Equity
JUDGMENT OF : Bryson AJ at 1
EX TEMPORE JUDGMENT DATE : 16 February 2009
Orders: DECISION : 1. Give judgment for the plaintiffs against the first and second defendants for $321,600.00. 2. Costs reserved.
CATCHWORDS : VENDOR and PURCHASER – time for completion – contract for sale of real property fixed settlement date and time for notice to complete – contract also provided for purchaser to have the property inspected to obtain reports reasonably required – purchaser's mortgage broker repeatedly sought Vendors' agreement to inspection by Valuer – approaches were fobbed off as inconvenient or unsuitable and Valuer could not obtain access – found that Purchasers' inability to complete was caused by inability to obtain valuation in support of application for finance – Vendors' breach of contract prevented Purchasers from complying with time for settlement and Vendors disentitled to rely on Purchasers' failure – Notice to Complete and Notice of Termination constituted repudiation by Vendors – Purchasers recovered judgment for deposits and other moneys paid to Vendors as on total failure of consideration.
CATEGORY : Principal judgment
CASES CITED : Hadley v Baxendale (1854) 156 ER 145
Teresa Ferrazza (P1) PARTIES : Giovanna Ferrazza (P2) Tarlochan Singh Pandher (D1) Harpreet Kaur Pandher (D2)
FILE NUMBER(S) : SC 2967 of 2001
COUNSEL : Mr J E Rowe (P) Mr Jack Singh (Sol) (D)
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