Bieri v Ottoman Enterprises Pty Ltd as trustee for Yucel Family Trust [2015] NSWSC 563

Supreme Court New South Wales

Medium Neutral Citation: Bieri v Ottoman Enterprises Pty Ltd as trustee for Yucel Family Trust [2015] NSWSC 563 Hearing dates: 11 May 2015 Decision date: 12 May 2015 Jurisdiction: Equity Division Before: Stevenson J Decision: Contract not terminated by vendor prior to termination by purchaser; purchaser entitled to return of deposit Catchwords: CONTRACT – contract for sale of land – purchaser unable to settle – whether vendor terminated contract – no notice of termination – whether contract was terminated when settlement did not take place, when mortgagee took possession of the property, or when purchaser vacated the property – whether vendor ready willing and able to settle – whether purchaser entitled to return of deposit – proper construction of special condition of contract – whether by reason of that special condition director of purchaser personally liable Legislation Cited: Australian Consumer Law (Cth) Contracts Review Act 1980 (NSW) Corporations Act 2001 (Cth) Real Property Act 1900 (NSW) Cases Cited: Black v Smallwood [1966] HCA 2; 117 CLR 52 DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12; 138 CLR 423 Howard v Pickford Tool Co Ltd [1951] 1 KB 417 Network Ten Pty Ltd v Seven Network (Operations) Ltd [2014] NSWSC 692 Scarcella v Linknarf Management Services Pty Ltd (in liq) [2004] NSWSC 1168 Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Category: Principal judgment Parties: Dimitri (Jimmy) Bieri (Plaintiff) Ottoman Enterprises Pty Ltd as trustee for Yucel Family Trust (First Defendant) Savas Guven (Second Defendant) Representation: Counsel: M Southwick (Plaintiff) B A Coles QC with C G Carroll (Defendants)