Rehayem Investments v Harfish [2014] NSWSC 1485

Supreme Court New South Wales

Medium Neutral Citation: Rehayem Investments v Harfish [2014] NSWSC 1485 Hearing dates: 27/10/2014 Decision date: 27 October 2014 Jurisdiction: Equity Division Before: McDougall J Decision: Contract for sale of land validity terminated. Deposit forfeited to plaintiff. Judgment for the plaintiff for possession of subject land. Catchwords: REAL PROPERTY - sale of land - whether contract for sale of land validly terminated - whether notice of termination effective - where notice to complete authorised by special condition of contract - where first defendant failed to complete contract in accordance with notice to complete - where first defendant had not put on any evidence - where first defendant unable to attend hearing - where leave refused to adjourn hearing REAL PROPERTY - writ for possession - where plaintiff sought judgment for possession of property and leave to issue writ for possession - where proceedings heard in absence of first defendant - where choice not to defend proceedings was late and unexplained - application of r 36.8 Uniform Civil Procedure Rules 2005 (NSW) - where the only people in occupation of property are the first defendant and family members of the first defendant - where first defendant was validly served - whether to dispense with requirements in r 36.8 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Rehayem Investments Pty Limited (Plaintiff) Michael Harfish (Fist Defendant) GSD Investments Pty Limited trading as Ray White Punchbowl (Second Defendant) Representation: Counsel: A Kaufmann (Plaintiff) Solicitors: Michie Shehadie & Co Solicitors (Plaintiff) City Attorneys (First Defendant) Slattery Thompson Solicitors (Second Defendant) File Number(s): 2014/151933