Western Land Developments Pty Limited v Maganic Brothers and Sister Pty Limited (No. 2) [2016] NSWSC 598

Supreme Court New South Wales

Medium Neutral Citation: Western Land Developments Pty Limited v Maganic Brothers and Sister Pty Limited (No. 2) [2016] NSWSC 598 Hearing dates: 9, 10, 11, 12 December 2014 and 25 February, 9 April, 1 May, 31 July, 18 September 2015 Date of orders: 13 May 2016 Decision date: 13 May 2016 Jurisdiction: Equity Before: Slattery J Decision: Paragraph 107 of judgment. Catchwords: CONTRACT – Specific performance – parties agree on terms of settlement of proceedings by sub-dividing certain industrial land – specific performance of their agreement ordered in December 2013 – any consequential financial adjustments between the parties reserved for further consideration - Council requirements to be satisfied in the course of performance of the agreement - delay occurs in the performance of the agreement – each party alleges the other was responsible for the delay in performance – whether each party was in breach of an implied term to ensure that the other party had the benefit of the settlement agreement – what were the expenses of the subdivision – whether all rents received in respect of the property have been brought to account in the settlement – whether some expenses were incurred only on account of improvement of the land for the benefit of one or other of the parties, rather than in respect of the subdivision. Legislation Cited: Conveyancing Act 1919, s 66G Environmental Planning and Assessment Act 1979, s 121B Cases Cited: Mackay v Dick (1881) 6 App Cas 251 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Limited (1979) 144 CLR 596 Sydney Attractions Group Pty Limited v Schulman [2013] NSWSC 858 TCN Channel 9 Pty Ltd v Hayden Enterprises (1989) 16 NSWLR 130 TFML Ltd v MacarthurCook Fund Management Ltd [2013] NSWCA 291 Western Land Developments Pty Limited & Anor v Maganic Brothers and Sister Pty Limited & Anor [2013] NSWSC 1574 Category: Principal judgment Parties: First Plaintiff: Western Land Developments Pty Limited Second Plaintiff: Edmond Brendan Kelly