Milan Nenadic v Zvonko Nenadic [2014] NSWSC 1229

Supreme Court New South Wales

Medium Neutral Citation: Milan Nenadic v Zvonko Nenadic [2014] NSWSC 1229 Hearing dates: 2 September 2014 Decision date: 02 September 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Order that Declaration 1 made 12 March, 2014 be amended by substituting "15 October 2012" for "15 October 2013". Order that the time for completion of the relevant contract be extended to 6:00pm on 5 September, 2014. Order that on completion the plaintiff also pay the defendant interest of $8,993. Each part to pay his own costs of the motions heard by the court on 2 September, 2014. Catchwords: EQUITY - remedies - Specific Performance - where order for specific performance already made by Court - where order for specific performance not complied with - general principles as to specific performance - whether Court can give further and supplementary relief after judgement has been given - whether Court can grant compensation where value of property increased significantly since date of contract - whether Court should order that interest be paid where purchaser in exclusive possession since date fixed for completion of the contract Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: Ballard v Shutt (1880) 15 ChD 122 Dowdle v Hillier (1949) 66 WN (NSW) 155 JAG Investment Pty Ltd v Strati [1981] 2 NSWLR 600 Mortimer v Capper (1782) 1 Browns Chancery Cases 156; 28 ER 1051 Nenadic v Nenadic [2014] NSWSC 317 Revell v Hussey [1813] 2 Ball & Beatty Reports 280 Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245 Texts Cited: Fry on Specific Performance (Sweet & Maxwell, 6th ed, 1921) Young AO, Croft and Smith, On Equity (Lawbook, 2009) R P Meagher, J D Heydon and M J Leeming, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (LexisNexis, 4th ed, 2002) Jones and Goodhart, Specific Performance (Butterworths, 1st ed, 1986) Category: Principal judgment Parties: Milan Nenadic (plaintiff) Zvonko Nenadic (defendant) Representation: Counsel: Mr R Sweet (plaintiff) Mr J A Loxton (defendant) Solicitors: Slattery Thompson Solicitors (plaintiff) Malcolm Carr Solicitors (defendant) File Number(s): 2013/00308846 Publication restriction: None