Higgins v Statewide Developments Pty Ltd [2010] NSWSC 183

New South Wales Supreme Court

CITATION : Higgins v Statewide Developments Pty Ltd [2010] NSWSC 183

HEARING DATE(S) : 03/03/10, 04/03/10, 05/03/10

JUDGMENT DATE : 16 March 2010

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

DECISION : Order that deposit be paid to plaintiff. All other claims in the statement of claim and all claims in the cross-claim dismissed, except claims for costs. The question of costs is reserved.

CATCHWORDS : CONVEYANCING - "off-the-plan" purchase of home unit - where vendor represented that completed unit would have 180 degree water view - view obstructed by wall of premises as constructed - whether purchaser entitled to rescind under special condition concerning substantial departure from draft strata plan - whether purchaser entitled to rescind under rule in Flight v Booth - whether parties entered into oral agreement to rescind contract - CONTRACT - damages - liability of defaulting purchaser - property not re-sold by vendor - vendor particularises damage mainly by reference to reduction in value of property and interest payable by vendor on continued acquisition and construction finance - first head of damage not proved - second head of damage not claimable - no damage proved - CONVEYANCING - deposit forfeited to vendor - claim by purchaser for repayment of deposit - where vendor misrepresented availability of 180 degree water view - where vendor proves no damage - CONTRACT - Statute of Frauds - oral contract for rescission of contract for sale of land - whether writing required

Conveyancing Act 1919, ss 7, 54A, 55(2A) LEGISLATION CITED : Statute of Frauds 1677 (29 Car 2 c 3), ss 4, 17 Strata Titles (Freehold Development) Act 1973

CATEGORY : Principal judgment