Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211

Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211

Ripani continued to rely on Century Legend's misleading representations up to provision of the bank guarantee, so statutory rescission of the sale contract is warranted under ACL s 237; contractual breaches (failure to construct as contracted, material deviations from floorplan) were substantial and entitle purchasers to rescind under the rule in Flight v Booth. Century Legend's claims for damages fail because it was not ready, willing and able to perform and its breaches were material.

Parties
First Applicant in VID 266 of 2020; First Respondent in VID 358 of 2023: Walter Ripani; Second Applicant in VID 266 of 2020; Second Respondent in VID 358 of 2023: Nina Ripani; Respondent in VID 266 of 2020; Applicant in VID 358 of 2023: Century Legend Pty Ltd
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Commercial and Corporations / Consumer Protection / Final Trial Judgment (new Trial and Second Proceeding Heard Together)
Outcome
Ripani's claim succeeds; contract rescinded; Century Legend's claim dismissed.
Legal Topics
Misleading and Deceptive Conduct, Statutory Rescission, Contractual Breach, Remedies, Estoppel, Repudiation, Damages in Sale of Land
Consumer Law Contracts Damages Misleading and Deceptive Conduct Statutory Rescission Contractual Breach Remedies Estoppel +2 more

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Parties

Walter Ripani

First Applicant in VID 266 of 2020; First Respondent in VID 358 of 2023

Nina Ripani

Second Applicant in VID 266 of 2020; Second Respondent in VID 358 of 2023

Century Legend Pty Ltd

Respondent in VID 266 of 2020; Applicant in VID 358 of 2023

Procedural Posture

Commercial and Corporations / Consumer Protection / Final Trial Judgment (new Trial and Second Proceeding Heard Together)

Legal Issues

  1. 1 Did Ripani continue to rely on misleading representations after April 2017?
  2. 2 What relief is appropriate under ss 237, 243 ACL?
  3. 3 Was Century Legend contractually obliged to construct the apartment substantially in accordance with the contract?

Ratio Decidendi

Ripani continued to rely on Century Legend's misleading representations up to provision of the bank guarantee, so statutory rescission of the sale contract is warranted under ACL s 237; contractual breaches (failure to construct as contracted, material deviations from floorplan) were substantial and entitle purchasers to rescind under the rule in Flight v Booth. Century Legend's claims for damages fail because it was not ready, willing and able to perform and its breaches were material.

Court Disposition

Ripani's claim succeeds; contract rescinded; Century Legend's claim dismissed.

Orders

  • By 4:00pm on 28 October 2024, parties to provide proposed minute of orders giving effect to the reasons for judgment.
  • Case management hearing set for 30 October 2024 to address orders, written submissions on costs, and fixing hearing date for costs submissions.