TC (Tallwoods) Pty Ltd v Mustapha [2013] NSWSC 1551

Supreme Court New South Wales

Medium Neutral Citation: TC (Tallwoods) Pty Ltd v Mustapha [2013] NSWSC 1551 Hearing dates: 30 August 2013 Decision date: 28 October 2013 Jurisdiction: Equity Division Before: Robb J Decision: (1)Order that the defendant execute and provide to the plaintiff's solicitors the transfer granting easement attached to the letter from Simpson & Partners Solicitors Pty Ltd to Mr Michael Birch dated 15 February 2013 (a copy of which is included at Tab 7 of Exhibit A) within 7 business days of the making of this order. (2)Order that the defendant arrange for the production of the title for Lot 895 in Deposited Plan 1079140 to the Land and Property Information and take all other steps necessary to enable registration of the transfer granting easement referred to in order (1). (3)Order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: SPECIFIC PERFORMANCE - construction of contractual term - where obligation in contractual term susceptible of more than one meaning - intended meaning of contractual term in context of contract - whether defendants required to execute transfer granting easement. Legislation Cited: Conveyancing Act 1919 Cases Cited: Bank of Queensland Ltd v Chartis Australia Insurance Ltd [2013] QCA 183 CE Health Underwriting & Insurance (Australia) Pty Ltd v Edwards Dunlop & Co Ltd (1993) 176 CLR 535 Phillips v NZI Insurance [1999] NSWSC 845 Schwartz v Hadid [2013] NSWCA 89 Category: Principal judgment Parties: T C (Tallwoods) Pty Ltd (plaintiff) Iman Mustapha (defendant) Representation: Counsel: J H Stephenson (plaintiff) R Notley (defendant) Solicitors: Simpson & Partners Solicitors Pty Ltd (plaintiff) Hancock Alldis & Roskov (defendant) File Number(s): 2013/147651