Vitek v Estate Homes Pty Ltd [2010] NSWSC 459

New South Wales Supreme Court

CITATION : Vitek v Estate Homes Pty Ltd [2010] NSWSC 459

27/04/09, 28/04/09, 29/04/09, 30/04/09, 01/05/09, 14/09/09, 15/09/09, 16/02/10, 17/02/10, 18/02/10, 19/02/10 HEARING DATE(S) : Written submissions: 26/02/10, 02/03/10, 05/03/10 Written submissions on costs: 07/04/10, 15/04/10

JUDGMENT DATE : 14 May 2010

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

As between the plaintiffs/first and second cross-defendants (Viteks) and the first defendant/first cross-claimant (Estate) and the second defendant/second cross-claimant (Siamac Taheri): 1 A declaration that the service by Estate upon the Viteks on 21 October 2004 of a document entitled "Notice of Rescission of Contract for Sale of Land" and bearing date 21 October 2004 constituted a repudiation by Estate of the contract for sale entered into between the Viteks and Estate bearing date 15 September 2003 in respect of the property known as 591 Elizabeth Street, Redfern. 2 A declaration that, by notice dated 22 October 2004, the Viteks accepted the notice dated 21 October 2004 as a repudiation of that contract for sale. 3 A declaration that that contract for sale is at an end. 4 A declaration that the Viteks are entitled to forfeit the deposit paid under that contract for sale. 5 Judgment against Estate and Siamac Taheri in the amount of $570,710 together with interest on that sum at the rate of 10% per annum from 22 October 2004 to the date of judgment and being $310,372. DECISION : 6 Order that the cross-claim by Estate and Siamac Taheri against the Viteks be dismissed. 7 Order that Estate and Siamac Taheri pay the costs of the Viteks to be assessed on the indemnity basis. As between Estate and Siamac Taheri on the one hand and the third cross-defendant (Bernard O'Donnell) on the other hand: 8. Order that the cross-claim by Estate and Siamac Taheri against Bernard O'Donnell be dismissed. 9. Order that Estate and Siamac Taheri pay the costs of Bernard O'Donnell: (a) to be assessed on the ordinary basis to 29 February 2008; and (b) to be assessed on the indemnity basis on and from 1 March 2008.