Huang v Ceylan [2018] NSWSC 306

Supreme Court New South Wales

Medium Neutral Citation: Huang v Ceylan [2018] NSWSC 306 Hearing dates: 30 January, 9 February 2018; written submissions ending 22 February 2018. Date of orders: 13 March 2018 Decision date: 13 March 2018 Jurisdiction: Equity Before: Parker J Decision: Declaration that the plaintiffs validly rescinded the contract for the sale of land, between the defendant as vendor, and the plaintiffs as purchasers.

Defendant ordered to take all steps reasonably open to procure return of the deposit paid pursuant to the contract.

Consequential orders for costs. Catchwords: CONTRACTS – Conveyancing Act – s 52A(2) – statutory warranties – disclosure of relevant "matter" – where defendant sold plaintiffs a three-bedroom apartment when development consent only permitted two-bedroom apartments – where plaintiffs rescinded contract upon discovery that apartment did not comply with development consent – whether defendant in breach of contract – whether rescission by plaintiffs valid – whether plaintiffs validly forfeited deposit – whether failure to disclose breach of development consent constitutes breach of statutory warranty – breach of development consent is "relevant matter" due to state of building – defendant in breach of contract – plaintiffs validly rescinded contract – deposit not forfeited by plaintiffs – plaintiffs entitled to return of deposit

DEVELOPMENT STANDARDS – State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – cl 15.1, 2.51 and 2.52 – whether altering media room into third bedroom an exempted development – whether development complies with "development standards"