Sieve-Storm Pty Ltd ACN 160 562 354 as trustee for Affordable Property Trust v Murphy [2016] NSWSC 1800

Supreme Court New South Wales

Medium Neutral Citation: Sieve-Storm Pty Ltd ACN 160 562 354 as trustee for Affordable Property Trust v Murphy [2016] NSWSC 1800 Hearing dates: 7 November 2016; 8 November 2016 Decision date: 15 December 2016 Jurisdiction: Equity Before: Emmett AJA Decision: The proceedings be dismissed with costs. Catchwords: REAL PROPERTY – option to purchase properties voided by statute – Conveyancing Act 1919 (NSW), Div 9 of Pt 4 – options since rescinded by vendor pursuant to statute – whether options were validly rescinded – in any case, whether options were exercised by notice – whether vendor is estopped from relying on statutory provisions – whether purchaser relied on or was induced by vendor – whether estoppel prevails against statutory provisions of Conveyancing Act – whether vendor's conduct was unconscionable – whether purchaser is entitled to restitution Legislation Cited: Australian Consumer Law, ss 21, 232 Conveyancing Act 1919 (NSW), ss 52A, 66Z-66ZK, Div 9 Pt 4 Cases Cited: Kok Hoong v Leong Cheong Kweng Mines Limited [1964] AC 933 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 21 November 1989 Category: Principal judgment Parties: Sieve-Storm Pty Ltd ACN 160 562 354 as trustee for Affordable Property Trust (Plaintiff) Yan Murphy (Defendant) Representation: Counsel: Mr S Galitsky / Mr L Hammond (Plaintiff) Ms JE Richards (Defendant)

Solicitors: Websters Lawyers (Plaintiff) Cordato Partners Lawyers (Defendant) File Number(s): 2016/94720