Charitou v The Owners – Strata Plan No 10394 [2021] NSWSC 392

Charitou v The Owners – Strata Plan No 10394 [2021] NSWSC 392

Mr Charitou was not entitled to an extension of the completion date under clause 73(b) for delays in obtaining development consent, as such delays did not fall within the terms of sub-clause (b), and in any event, he had control or influence over the reasons for the delay. The Strata Corporation was not shown to have repudiated the contract, as its correspondence did not amount to repudiatory breach or anticipatory repudiation. Accordingly, Mr Charitou's claim must fail, and the Strata Corporation's cross-claim for termination and forfeiture of deposit succeeds.

Parties
Plaintiff/cross Defendant: Greg Charitou; Defendant/cross Claimant: The Owners – Strata Plan No 10394
Jurisdiction
Australia
Judgment Date
19 April 2021
Procedural Posture
Principal Judgment / Final Determination (orders and Reasons)
Outcome
Plaintiff's claim dismissed; cross-claim by Strata Corporation succeeds; deposit forfeited; costs awarded against plaintiff.
Legal Topics
Construction of Contract, Completion Date Extension, Repudiation, Sale of Land, Strata Title
Contracts Property Law Equity Construction of Contract Completion Date Extension Repudiation Sale of Land Strata Title

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Parties

Greg Charitou

Plaintiff/cross Defendant

The Owners – Strata Plan No 10394

Defendant/cross Claimant

Procedural Posture

Principal Judgment / Final Determination (orders and Reasons)

Legal Issues

  1. 1 Whether the purchaser was entitled to an extension of the completion date under the contract
  2. 2 Whether the vendor repudiated the contract by its conduct

Ratio Decidendi

Mr Charitou was not entitled to an extension of the completion date under clause 73(b) for delays in obtaining development consent, as such delays did not fall within the terms of sub-clause (b), and in any event, he had control or influence over the reasons for the delay. The Strata Corporation was not shown to have repudiated the contract, as its correspondence did not amount to repudiatory breach or anticipatory repudiation. Accordingly, Mr Charitou's claim must fail, and the Strata Corporation's cross-claim for termination and forfeiture of deposit succeeds.

Court Disposition

Plaintiff's claim dismissed; cross-claim by Strata Corporation succeeds; deposit forfeited; costs awarded against plaintiff.

Orders

  • Order that the plaintiff's claim be dismissed.
  • Order that the plaintiff pay the defendant's costs.