SSE Corp Pty Ltd v Toongabbie Investments Pty Ltd as trustee for the Toongabbie Investments Unit Trust [2016] NSWSC 1235

Supreme Court New South Wales

Medium Neutral Citation: SSE Corp Pty Ltd v Toongabbie Investments Pty Ltd as trustee for the Toongabbie Investments Unit Trust [2016] NSWSC 1235 Hearing dates: 11 and 12 August 2016 Date of orders: 06 September 2016 Decision date: 06 September 2016 Jurisdiction: Equity Before: Robb J Decision: (1) Order that the plaintiff's summons be dismissed. (2) Order the plaintiff to pay the defendant's costs of the claim made in the plaintiff's summons. (3) Direct the parties to confer for the purpose of submitting to the associate to Robb J, within 14 days of the delivery of reasons for judgment on the plaintiff's summons, short minutes of order containing directions for the further conduct of the cross claim, and if agreement cannot be reached, the parties should arrange a time for a directions hearing with the associate. Catchwords: EQUITY – application for rectification of two contracts for the sale of land by inserting the words "plus GST" after the statement of the purchase price – whether rectification should be allowed – communications surrounding the renegotiation of the purchase price considered – court considered factors including the fact that negotiations were previously conducted on a GST inclusive basis – conveyancer for the plaintiff was equivocal in her communication with the defendant – director of the plaintiff failed to correct the defendant's understanding that the price was not GST inclusive when he had the opportunity – credibility of witnesses considered – held defendant's witnesses were credible – alternatively, whether there was unilateral mistake – held no unilateral mistake established – held plaintiff's summons dismissed – plaintiff to pay defendant's costs