NSW Caselaw
New South Wales Supreme Court
CITATION : Boyarsky v Taylor [2009] NSWSC 468
HEARING DATE(S) : 1 May 2009 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 1 May 2009
DECISION : Defendant to pay interest plus costs.
CATCHWORDS : CONVEYANCING – penalty interest for delay – where charge for land tax arises after contractual completion date – whether purchaser's failure to complete caused by inability of vendor to complete
CATEGORY : Consequential orders
CASES CITED : Boyarsky v Taylor [2008] NSWSC 1415
PARTIES : Andrew David Boyarsky (plaintiff) Andrew Peter Taylor (defendant)
FILE NUMBER(S) : SC 5969/08
COUNSEL : Mr R Bellamy (plaintiff) Mr P Walsh (defendant)
SOLICITORS : Morgan Lewis Attorneys (plaintiff) C P White & Hetherington (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRERETON J
Friday 1 May 2009
5969/08 Andrew David Boyarsky v Andrew Peter Taylor JUDGMENT (ex tempore) 1 HIS HONOUR: The background in this matter is described in my judgment of 19 December 2008 [[2008] NSWSC 1415], pursuant to which I declared that the terms of a Contract for Sale between the plaintiff as purchaser and the defendant as vendor of a property at Bellevue Hill ought to be specifically performed and carried into execution, and made an order for specific performance, reserving liberty to both parties to apply – including for further directions to appoint a date for completion and, if appropriate, a decision for the decree. The Contract was ultimately completed on 3 March 2009. 2 Special Condition 6 of the Contract provided as follows: Purchaser Delay
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