NSW Caselaw
New South Wales Supreme Court
CITATION : Gorgas v Soon Ok Hwang [2010] NSWSC 1121 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 15 June 2010
JUDGMENT DATE : 1 October 2010
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
DECISION : Vendor's termination of contract is invalid.
CATCHWORDS : CONTRACTS – contract for sale of land – whether contract had been validly terminated for non-compliance with Notice to Complete – whether Notice to Complete was valid – whether Notice to Complete ought to have included an adjusted purchase price pursuant to s 66M Conveyancing Act – whether risk under contract for sale passed to purchaser already in possession pursuant to a lease agreement before the contract was entered into.
Conveyancing Act 1919 (NSW) – Pt 4 Div 7, s 66K, s 66M LEGISLATION CITED : Conveyancing (Passing of Risk) Amendment Act 1986 (NSW) Supreme Court Act 1970 (NSW) – s 100
CATEGORY : Principal judgment
DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 CASES CITED : Fitzgerald v Masters (1956) 95 CLR 420 Hughes v Schofield [1975] 1 NSWLR 8 Stephenson v State Bank of New South Wales Ltd (1996) 39 NSWLR 101
PARTIES : George Gorgas (Plaintiff/Cross Defendant) Soon Ok Hwang (Defendant/Cross Claimant)
FILE NUMBER(S) : SC 2009/290465
COUNSEL : In person (Plaintiff/Cross Defendant) A.L. Hill (Defendant/Cross Claimant)
SOLICITORS : In person (Plaintiff/Cross Defendant) Taylor & Scott (Defendant/Cross Claimant)
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