Vitek v Estate Homes Pty Ltd [2010] NSWSC 237

New South Wales Supreme Court

CITATION : Vitek v Estate Homes Pty Ltd [2010] NSWSC 237

HEARING DATE(S) : 27/04/09, 28/04/09, 29/04/09, 30/04/09, 01/05/09, 14/9/09, 15/9/09, 16/02/10, 17/02/10, 18/02/10, 19/02/10 Written submissions: 26/02/10, 02/3/10, 05/03/10

JUDGMENT DATE : 31 March 2010

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

1 As between the plaintiffs on the one hand and the first defendant and Siamac Taheri on the other, there will be: (a) a declaration that the service by the first defendant upon the plaintiffs 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 the first defendant of the contract for sale entered into between the plaintiffs and the first defendant bearing date 15 September 2003 in respect of the property known as 591 Elizabeth Street, Redfern; (b) a declaration that, by notice dated 22 October 2004, the plaintiffs accepted the notice dated 21 October 2004 as a repudiation of that contract for sale; (c) a declaration that that contract for sale is at an end; DECISION : (d) a declaration that the plaintiffs are entitled to forfeit the deposit paid under that contract for sale; (e) judgment for the plaintiffs against the first defendant and Siamac Taheri in the sum 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 (f) an order that the cross-claim be dismissed. 2 As between the first defendant and Siamac Taheri on the one hand and Bernard O'Donnell on the other, there will be an order that the cross-claim be dismissed. 3 There will be an order that the first defendant and Siamac Taheri pay the costs of the plaintiffs and Bernard O'Donnell. 4 I direct that the plaintiffs and Bernard O'Donnell together prepare the draft of the orders necessary to give effect to these reasons, that they submit that draft to the solicitors for the first defendant and Siamac Taheri not later than 15 April 2010 and that the draft, together with any comments thereon received within seven days after submission of it to the solicitors for the first defendant and Siamac Taheri, be promptly forwarded by the plaintiffs and Bernard O'Donnell to my Associate with a view to the making of orders in chambers to dispose of the proceedings.