James Pantlin v Christina King [2012] NSWSC 37

Supreme Court New South Wales

Medium Neutral Citation: James Pantlin v Christina King [2012] NSWSC 37 Hearing dates: 3 February 2012 Decision date: 03 February 2012 Jurisdiction: Equity Division Before: McDougall J Decision: Money paid into court to be paid out to plaintiff. Plaintiff to have judgment for damages for $20,925.00 with interest. Defendant to pay plaintiff's costs on indemnity basis. Stand over for orders. Catchwords: CONTRACT - for sale of land - termination - breach - whether plaintiff validly served notice to complete on defendant - whether at time of service of notice plaintiff was in breach DAMAGES - contract - assessment of damages - whether plaintiff failed to mitigate loss. Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Oshlack v Richmond River Council (1998) 193 CLR 72 Ballieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Ltd (1992) 30 NSWLR 359 Category: Procedural and other rulings Parties: James George Pantlin (Plaintiff) Christina Louise King (Defendant) Representation: M P Heraghty (Plaintiff) Christina King (In person) (Defendant) Dezarnaulds Basten (Plaintiff) File Number(s): 2011/113912

Judgment - EX TEMPORE (revised 4 february 2012) 1HIS HONOUR: The essential question in these proceedings is whether a contract for sale of land made on 4 September 2010 between the plaintiff (Mr Pantlin) and the first defendant (Ms King) as purchaser has been validly terminated by Mr Pantlin.