Ramm Investments Pty Ltd v Nguyen [2017] NSWSC 1742

Supreme Court New South Wales

Medium Neutral Citation: Ramm Investments Pty Ltd v Nguyen [2017] NSWSC 1742 Hearing dates: 12 December 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the defendants to pay the plaintiffs' costs of the proceedings.

(2) By consent, order that the proceedings be otherwise dismissed. Catchwords: COSTS – where earlier proceedings resolved by heads of agreement following mediation – where non-compliance with agreement by party – where further proceedings filed for specific performance of agreement – obligations performed by first return date – conduct of defendants unreasonable – HELD – not required to make time of the essence before suing for specific performance – defendants were on notice – obligation to use "reasonable endeavours" – failure of defendants to respond to plaintiffs' solicitors demands – costs warranted because of disparity between the reasonableness of plaintiffs' conduct and the unreasonableness of defendants' conduct Legislation Cited: Conveyancing Act 1919 (NSW), s 13 Cases Cited: Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 Texts Cited: KE Lindgren, Time in the Performance of Contracts: especially for the sale of land (2nd ed 1982, Butterworths) Category: Costs Parties: Ramm Investments Pty Ltd (ACN 001 902 370) (First Plaintiff) Ralph Mesiti, Nick Pahos and George Leros as partners in the partnership trading as Ralph's Pharmacy (Second Plaintiff) Hung Trung Nguyen (First Defendant) Khanh Ngoc Huynh (Second Defendant) Representation: Counsel: M Bennett (Plaintiff) C Freeman (Defendant)