Cooper v King [2019] NSWSC 86

Supreme Court New South Wales

Medium Neutral Citation: Cooper v King [2019] NSWSC 86 Hearing dates: 23 November, 3 December; Submissions 18 December 2018; 11 January 2019 Decision date: 18 February 2019 Jurisdiction: Equity Before: Emmett AJA Decision: (1) Declaration that the contract for sale dated 4 May 2017 between the plaintiffs and the first defendant was validly terminated by the plaintiffs, and the sum of $54,000 paid by the first defendant has been forfeited. (2) Order the second defendant to pay to the plaintiffs the sum of $54,000 received from the first defendant, less any commission or other amounts payable to the second defendant. (3) Order the first defendant to pay to the plaintiffs the balance of the deposit, being a further sum of $54,000. (4) Order the first defendant to pay the plaintiffs' and second defendant's costs of the summons. (4) Order that the cross-claim be dismissed. (5) Order the cross-claimant to pay the cross-defendants' costs of the cross-claim. Catchwords: LAND LAW – conveyancing – contract for sale – deposit – whether to order relief against forfeiture under Conveyancing Act 1919 (NSW), s 55(2A)

CONTRACTS – misrepresentation – elements –whether sellers' agent made misrepresentations to buyer – whether buyer relied on any such representations Legislation Cited: Conveyancing Act 1919 (NSW), ss 52A(2)(b), 55(1), 55(2A) Conveyancing (Sale of Land) Regulation 2010 (NSW), cll 8, 16, 18, Sch 3 Pt 1 Environmental Planning and Assessment Act 1979 (NSW), ss 149B, 149D Cases Cited: Dasreef Developments Pty Ltd v Velkovski (2017) 96 NSWLR 318; [2017] NSWSC 1698 Havyn Pty Ltd v Webster [2005] NSWCA 182; (2015) BPR 22,837 Lucas & Tait (Investments) Pty Ltd v Victoria Securities Ltd [1973] 2 NSWLR 268 Sydney Developments Pty Ltd v Perry Properties Pty Ltd [2016] NSWSC 515; (2016) 18 BPR 35,905 Williams v Pisano (2015) 90 NSWLR 342 Category: Principal judgment Parties: Kersey Cooper (First Plaintiff and Second Cross Defendant) Yasmin Cooper (Second Plaintiff and Third Cross Defendant) Victoria Louise Norma King (First Defendant and Cross Claimant) Gilbert Property Group Pty Ltd t/as Greg Gilbert Real Estate (Second Defendant and First Cross Defendant) Representation: Counsel: H Woods (Plaintiffs and Second and Third Cross Defendants) C King (First Defendant and Cross Claimant) Submitting Appearance (Second Defendant and First Cross Defendant)