Kapos v Jury [2011] NSWSC 1090

Kapos v Jury [2011] NSWSC 1090

Service of the summons on the purchaser’s solicitor was sufficient under the terms of the contract and UCPR r 10.6; the contract was validly terminated due to the purchaser’s failure to attend settlement and inability to be contacted; the deposit is forfeited.

Parties
First Plaintiff: Peter Kapos; Second Plaintiff: Maria Kapos; First Defendant: Najet Jury; Second Defendant: Moorebank Realty P/L
Jurisdiction
Australia
Judgment Date
07 September 2011
Procedural Posture
Principal Judgment / Decision on Service and Summary Orders
Outcome
Orders 1, 2 and 3 in the summons made; costs awarded to plaintiffs; balance adjourned.
Legal Topics
Contract for Sale of Land, Service of Documents, Termination of Contract, Forfeiture of Deposit
Real Property Practice and Procedure Contract for Sale of Land Service of Documents Termination of Contract Forfeiture of Deposit

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Parties

Peter Kapos

First Plaintiff

Maria Kapos

Second Plaintiff

Najet Jury

First Defendant

Moorebank Realty P/L

Second Defendant

Procedural Posture

Principal Judgment / Decision on Service and Summary Orders

Legal Issues

  1. 1 Whether the contract for sale of land was validly terminated
  2. 2 Whether service of documents on the purchaser's solicitor was sufficient under the contract and UCPR r 10.6
  3. 3 Whether the deposit is to be forfeited to the plaintiffs

Ratio Decidendi

Service of the summons on the purchaser’s solicitor was sufficient under the terms of the contract and UCPR r 10.6; the contract was validly terminated due to the purchaser’s failure to attend settlement and inability to be contacted; the deposit is forfeited.

Court Disposition

Orders 1, 2 and 3 in the summons made; costs awarded to plaintiffs; balance adjourned.

Orders

  • Declaration that contract validly terminated
  • Declaration that deposit forfeited to plaintiffs