Chambers v Borness [2014] NSWSC 890

Supreme Court New South Wales

Medium Neutral Citation: Chambers v Borness [2014] NSWSC 890 Hearing dates: 30 June & 1 July 2014 Decision date: 01 July 2014 Jurisdiction: Equity Division Before: Pembroke J Decision: See paragraphs [17] & [18] Catchwords: REAL PROPERTY - Section 55 of Conveyancing Act - recovery of deposit - principles applicable SET OFF - set off between judgments - judgment for balance - principles applicable Legislation Cited: Civil Procedure Act, 2005 (NSW) Conveyancing Act, 1919 (NSW) Cases Cited: Barescape Pty Ltd v Bacchus Holdings Pty Ltd [2012] NSWSC 1275 Hasanovic v Bolisten (1982) NSW Conv Rep 55-078 Havyn Pty Limited v Webster [2005] NSWCA 182 Lucas and Tait (Investments) Pty Limited v Victoria Securities Ltd (1973) 2 NSWLR 268 Category: Principal judgment Parties: Joanne Chambers - plaintiff Stephen Frederick Borness - defendant Representation: Counsel: G Foster - for the plaintiff S Reuben - for the defendant Solicitors: Sterling Legal - for the plaintiff Pitcher Walton - for the defendant File Number(s): 2013/367068

Judgment - EX TEMPORE 1This is a claim commenced by the plaintiff seeking, among other things, an order that the 15 per cent deposit of $445,650, paid pursuant to a contract for sale of land between the plaintiff as purchaser and the defendant as vendor, be repaid to the plaintiff with interest, pursuant to Section 55(2A) of the Conveyancing Act 1919 (NSW). The entitlement to interest is a discretionary statutory entitlement given by subsection (2A). The relevant facts are as follows.