Rasyid v Conrad [2010] NSWSC 134

New South Wales Supreme Court

CITATION : Rasyid v Conrad [2010] NSWSC 134

HEARING DATE(S) : 23 February 2010

JUDGMENT DATE : 23 February 2010

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

1. Declaration that the agreement between the First and Second Plaintiffs, as purchasers, and the First and Second Defendants, as vendors, dated 3 June 2009 ("the Agreement") in respect of the property known as 42 Beaumont Street, Rose Bay, being all of the land and improvements in Folio identifier A/312956 ("the Property") is valid and enforceable and should be specifically performed and carried into execution. 2. Order that the agreement be specifically performed and carried into execution. 3. The matter is stood over to 2 March 2010 before the Duty Judge in Equity for the purpose of making orders for the implementation of the order for specific performance. 4. The Defendants are to file and serve, on or before 26 February 2010, any affidavit evidence which they seek to rely upon in relation to such implementation orders, including: (a) evidence as to their assets, including any valuations thereof, and liabilities; and DECISION : (b) evidence as to any steps taken or being taken to realise their assets and to discharge their liabilities. 5. Further consideration is reserved. 6. The parties have liberty to apply, including for directions for the implementation of these orders, and, if appropriate, for rescission of the decree of specific performance. 7. The Defendants are to pay the Plaintiffs' costs on an indemnity basis. 8. Service of these orders upon the Defendants is to be effected by: (a) sending a copy of these orders by fax to the office of Richard Bartelesi & Associates, fax number (02) 9363 9869, by 4pm this afternoon; (b) delivering a copy of these orders to unit 26 (also known as unit 6A) 45 Ocean Avenue, Double Bay, by 12pm (noon) on 24 February 2010.