Edmonds & anor v He & anor [2006] NSWSC 1094

Edmonds & anor v He & anor [2006] NSWSC 1094

Although an adjournment would prevent the plaintiffs from completing the sale on 4 October 2006, the question whether the lease had been surrendered was important and could be resolved before the expiry of a notice to complete under the contract. The first defendant offered the usual undertaking as to damages, and the evidence of bank cheques in excess of $30,000 provided some evidence of capacity to honour that undertaking. The adjournment was therefore granted.

Jurisdiction
Australia
Judgment Date
28 September 2006
Procedural Posture
Application for Removal of Caveat Over Land / Adjournment Application on Return Date of Summons
Outcome
Adjournment granted.
Legal Topics
['adjournments' 'caveats' 'registered Lease' 'surrender of Lease' 'contract for Sale of Land' 'vacant Possession' 'undertaking as to Damages']
['procedure' 'property Law'] ['adjournments' 'caveats' 'registered Lease' 'surrender of Lease' 'contract for Sale of Land' 'vacant Possession' 'undertaking as to Damages']

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Procedural Posture

Application for Removal of Caveat Over Land / Adjournment Application on Return Date of Summons

Legal Issues

  1. 1 ["Whether the proceeding for removal of the caveat should be adjourned until shortly after the first defendant's return to Australia." 'Whether there was an important question to be resolved as to whether the lease had been surrendered.' 'Whether the undertaking as to damages should be accepted despite a suggestion about capacity to honour it.']

Ratio Decidendi

Although an adjournment would prevent the plaintiffs from completing the sale on 4 October 2006, the question whether the lease had been surrendered was important and could be resolved before the expiry of a notice to complete under the contract. The first defendant offered the usual undertaking as to damages, and the evidence of bank cheques in excess of $30,000 provided some evidence of capacity to honour that undertaking. The adjournment was therefore granted.

Court Disposition

Adjournment granted.

Orders

  • ['The defendant by her counsel gives the usual undertaking as to damages.' 'The defendant by her counsel undertakes to provide to the plaintiffs her residential address by no later than 4.00 pm on Tuesday 3 October 2006.' 'The defendant is directed to serve upon the plaintiffs any affidavits upon which she intends...