Filmlock Pty Limited v Nissi Investments Pty Limited (No 2) [2013] NSWSC 959

Supreme Court New South Wales

Medium Neutral Citation: Filmlock Pty Limited v Nissi Investments Pty Limited (No 2) [2013] NSWSC 959 Hearing dates: 8 July & 12 August 2013 Decision date: 12 August 2013 Jurisdiction: Equity Division - Expedition List Before: Pembroke J Decision: Judgment for the plaintiffs Catchwords: CONTRACT - purchaser's failure to complete contract for sale of land - minor inaccuracy in description - no uncertainty of subject matter CONTRACT - alleged defect in title - rights of carriageway and restrictions on use created after contract - limited rights to make objection, requisition or claim for compensation or rescission - purchaser obliged to complete the contract Legislation Cited: Conveyancing Act 1919 (NSW) Category: Principal judgment Parties: Filmlock Pty Limited - first plaintiff Jakesam Developments Pty Limited (in liquidation) - second plaintiff Pearse Property Group Pty Limited - third plaintiff JCT Investments Pty Limited (in liquidation) - fourth plaintiff Nissi Investments Pty Limited - first defendant Samuel Ng - second defendant Soni Tanuwidjaja - third defendant Representation: Counsel: I D Faulkner SC with Ms L Chan - for the first and third plaintiffs No appearance for the defendants Solicitors: P J Donnellan & Co - for the first and third plaintiffs The second and fourth plaintiffs filed submitting appearances No appearance for the defendants File Number(s): 2009/00289710