SAMM Property Holdings Pty Ltd v Shaye Properties Pty Ltd [2017] NSWCA 132

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SAMM Property Holdings Pty Ltd v Shaye Properties Pty Ltd [2017] NSWCA 132 Hearing dates: 29 July 2016 Decision date: 09 June 2017 Before: McColl JA at [1], Gleeson JA at [173], Sackville AJA at [174] Decision: (1) Appeal dismissed.

(2) Order that the amount of $332,550 paid into Court on 27 May 2016 (representing the GST component of the purchase price for the property the subject of these proceedings), including any accrued interest on that amount, be paid out of Court (net of any expenses payable in the ordinary course) to Newhouse & Arnold Solicitors Law Practice Trust Account as the solicitors on the record for the respondent.

(3) Order that the amount of $216,215.85 paid into Court on 27 May 2016 (representing the amount of interest payable to date under cl 41 of the contract for sale of the property the subject of these proceedings), including any accrued interest on that amount, be paid out of Court (net of any expenses payable in the ordinary course) to Newhouse & Arnold Solicitors Law Practice Trust Account as the solicitors on the record for the respondent.

(4) Appellant to pay the respondent's costs of the appeal.

(5) Respondent to provide a tax invoice to the appellant pursuant to cl 13.10 of the contract for sale dated 19 August 2015 within 14 days. Catchwords: EQUITY – equitable remedies – rectification – auction for sale of commercial property – where contract of sale as completed provided for purchase price to be inclusive of GST – whether clear and convincing proof of common intention that purchase price exclusive of GST