Horswill v McClellan [2019] NSWSC 557

Horswill v McClellan [2019] NSWSC 557

The acts undertaken by the plaintiffs and defendants in progressing the boundary adjustment, including engagement of a surveyor, council approvals, and registration of a new plan, were unequivocally referable to an agreement for the sale of land and constituted sufficient acts of part performance to give rise to an equity for specific performance of the agreement.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Claim for Specific Performance / Final Judgment
Outcome
Specific performance granted
Legal Topics
['contract for Sale of Land' 'specific Performance' 'part Performance' 'boundary Adjustment']
['equity' 'land Law'] ['contract for Sale of Land' 'specific Performance' 'part Performance' 'boundary Adjustment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Claim for Specific Performance / Final Judgment

Legal Issues

  1. 1 ['Whether there were sufficient acts of part performance to give rise to an equity entitling the plaintiffs to specific performance of an oral agreement for the sale of land' 'Whether the agreement was unjust or unconscionable within the meaning of s 7 of the Contracts Review Act 1990 (NSW)']

Ratio Decidendi

The acts undertaken by the plaintiffs and defendants in progressing the boundary adjustment, including engagement of a surveyor, council approvals, and registration of a new plan, were unequivocally referable to an agreement for the sale of land and constituted sufficient acts of part performance to give rise to an equity for specific performance of the agreement.

Court Disposition

Specific performance granted

Orders

  • ['The plaintiffs are to bring in Short Minutes to give effect to the reasons within 14 days' 'The first defendant to pay the plaintiffs’ costs of the proceedings']