Bradley Mark Lum v MV Developments (Lane Cove) Pty Ltd (in liquidation) [2018] NSWSC 247

Supreme Court New South Wales

Medium Neutral Citation: Bradley Mark Lum v MV Developments (Lane Cove) Pty Ltd (in liquidation) [2018] NSWSC 247 Hearing dates: 11, 12, 13, 14 December 2017; Submissions 9 February 2018 Decision date: 08 March 2018 Jurisdiction: Equity Before: Emmett AJA Decision: Direct Mr Antonios (Third Cross Claimant on the Third Cross Claim and Seventh Cross Defendant in the First Cross Claim) to bring in short minutes of order to give effect to the above conclusions. Catchwords: CONTRACTS – formation – whether contract valid and enforceable – whether uncertainty as to particularisation of the contract

CONTRACTS – remedies – whether order for specific performance available under s 54A Conveyancing Act 1919 Legislation Cited: Conveyancing Act 1919 (NSW), s 54A Real Property Act 1900 (NSW), s 74F Cases Cited: Murphy v Wright [1992] NSWCA 168 Taleb v National Australia Bank Limited (2011) 82 NSWLR 489 Category: Principal judgment Parties: Bradley Mark Lum (First Plaintiff) Justin James Lum (Second Plaintiff) M V Developments (Lane Cove) Pty Ltd (In Liq) (First Defendant, First Cross Defendant on First Cross Claim, First Cross Defendant on Second Cross Claim, First Cross Defendant on Third Cross Claim, First Cross Defendant on Fourth Cross Claim, First Cross Defendant on Fifth Cross Claim) Gold Stone Capital Pty Limited (Second Defendant. Second Cross Defendant on First Cross Claim, First Cross Claimant on Second Cross Claim, Second Cross Defendant on Third Cross Claim, Second Cross Defendant on Fourth Cross Claim and Second Cross Defendant on Fifth Cross Claim) Ta Lee Investments Pty Ltd (Third Defendant, First Cross Claimant on First Cross Claim, Second Cross Defendant on Second Cross Claim, Third Cross Defendant on Third Cross Claim, Third Cross Defendant on Fourth Cross Claim, Third Cross Defendant on Fifth Cross Claim) Robert Moodie (Third Cross Defendant on First Cross Claim, Third Cross Defendant on Second Cross Claim) Andrew Barnden (Fourth Cross Defendant on First Cross Claim) Po Wah Ng (Fifth Cross Defendant on First Cross Claim, Fifth Cross Defendant on Fourth Cross Claim and First Cross Claimant on Fifth Cross Claim) Erica Ying Yuan (Sixth Cross Defendant on First Cross Claim, Fourth Cross Defendant on Second Cross Claim, Fourth Cross Defendant on Third Cross Claim, First Cross Claimant on Fourth Cross Claim, Fourth Cross Defendant on Fifth Cross Claim) Alexander James Antonios (Seventh Cross Defendant on First Cross Claim, Fifth Cross Defendant on Second Cross Claim, First Cross Claimant on Third Cross Claim, Fourth Cross Defendant on Fourth Cross Claim)