Tony Arida v Sid Arida; Tony Arida v Sid Arida [2014] NSWSC 395

Supreme Court New South Wales

Medium Neutral Citation: Tony Arida v Sid Arida; Tony Arida v Sid Arida [2014] NSWSC 395 Hearing dates: 27 March 2014 Decision date: 04 April 2014 Before: Slattery J Decision: Interest payable to the vendor upon settlement of the Church Street contract calculated not from the original contract completion date of 12 July 2012 but from the revised completion date set by the Heads of Agreement on settlement. Directions made for the calculation of any interest due at completion of the Church Street contract. Catchwords: CONTRACT - construction of agreement - agreement to settle litigation - settlement agreement provides for revised completion arrangements of an existing contract for the sale of land, the Church Street contract - whether any interest payable to the vendor under the sale contract must be calculated from the original completion date specified in that contract, or from a later completion date said to be specified by the settlement heads of agreement. Legislation Cited: Conveyancing Act 1919, s 66G Cases Cited: Aberdeen Asset Management Limited v Challenger Wealth Link Management Ltd [2002] NSWCA 245 Burger King Corporation v Hungry Jacks Pty Ltd [2001] NSWCA 187 De Leuil v Jeremy [1964-1965] NSWR 1939 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 Holt & Anor v Cox [1997] 23 ACSR 590 Legal & General Life of Australia Ltd v A Hudson Pty Limited (1985) 1 NSWLR 314 Category: Procedural and other rulings Parties: Plaintiff: Tony Arida First Defendants: Sid Arida Second Defendant: Joseph Arida Third Defendant: George Arida Fourth Defendant: Bruce Gleeson Fifth Defendant: David Graham Shannon Representation: Counsel: Plaintiff: M.A. Jones SC; V. McWilliam Defendants: S. Golledge Solicitors: Plaintiff: Pierre Tohme, Greenaway and Tohme Defendants: Marc Ryckmans, Somerset Ryckmans File Number(s): 2011/109699; 2010/266736 Publication restriction: No