NSW Caselaw
New South Wales Supreme Court
CITATION : Jason Warren Baird v Tony Chambers [2010] NSWSC 272
HEARING DATE(S) : 7 June 2010
JUDGMENT DATE : 16 June 2010
JUDGMENT OF : Ball J
1. Declaration that the contract of sale of land between the plaintiffs as vendors and the first and second defendants as purchasers has been validly terminated. 2. Declaration that the deposit of $125,000 paid pursuant to that contract has been forfeited by the purchaser. DECISION : 3. Order that the third defendant pay to the plaintiffs the sum of $125,000 held by the third defendant as stakeholder pursuant to the contract. 4. First and second defendants pay the plaintiffs' costs of the proceedings. 5. The cross claim be dismissed with costs.
CATCHWORDS : CONVEYANCING - Whether deposit forfeited - Section 55(2A) Conveyancing Act
LEGISLATION CITED : Conveyancing Act 1919 Fair Trading Act 1987
CATEGORY : Principal judgment
Borda v Burgess [2003] NSWSC 1171 Havyn Pty Ltd v Webster [2005] NSWCA 182 CASES CITED : Higgins v Statewide Developments Pty Ltd [2010] NSWSC 183 Nassif v Caminer (2009) 74 NSWLR 276 Nelson v Bellamy [2000] NSWSC 182 Romanos v Pentagold Investments Pty Ltd (2003) 217 CLR 367
Jason Warren Baird (First Plaintiff) Kim Lesley Baird (Second Plaintiff) PARTIES : Tony Chambers (First Defendant) Sandra Faye Chambers (Second Defendant) Rance Blamey Real Estate (Third Defendant)
FILE NUMBER(S) : SC 2010/110610
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