DGF Property Holdings Pty Limited v Di Federico; DGF Property Holdings Pty Limited v Butros (No 2) [2018] NSWSC 1137

DGF Property Holdings Pty Limited v Di Federico; DGF Property Holdings Pty Limited v Butros (No 2) [2018] NSWSC 1137

The Court permitted the vendor to rescind relevant contracts if undertakings were provided and new contracts offered at adjusted prices, in accordance with s 66ZL of the Conveyancing Act 1919 (NSW). On costs, the Court held that Mrs Panuccio is entitled to costs up to a particular date, with subsequent costs limited proportionately unless further agreement is reached; other purchasers are awarded their specified costs. Damages against the Di Federicos are not yet determined.

Jurisdiction
Australia
Judgment Date
24 July 2018
Procedural Posture
Equity / Consequential and Costs Orders After Principal Judgment; Damages Not Finalised
Outcome
Orders made permitting rescission subject to undertakings; costs orders made for specified parties; damages issues reserved.
Legal Topics
['rescission of Contract' 'costs' 'conveyancing' 'party Representation']
['real Property' 'civil Procedure'] ['rescission of Contract' 'costs' 'conveyancing' 'party Representation']

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Procedural Posture

Equity / Consequential and Costs Orders After Principal Judgment; Damages Not Finalised

Legal Issues

  1. 1 ["Whether the vendor (DGF) should be permitted to rescind 'off the plan' contracts pursuant to s 66ZL of the Conveyancing Act 1919 (NSW) subject to certain undertakings and new offers at adjusted prices." 'How costs should be apportioned where proceedings are heard together and parties are separately or jointly represented.']

Ratio Decidendi

The Court permitted the vendor to rescind relevant contracts if undertakings were provided and new contracts offered at adjusted prices, in accordance with s 66ZL of the Conveyancing Act 1919 (NSW). On costs, the Court held that Mrs Panuccio is entitled to costs up to a particular date, with subsequent costs limited proportionately unless further agreement is reached; other purchasers are awarded their specified costs. Damages against the Di Federicos are not yet determined.

Court Disposition

Orders made permitting rescission subject to undertakings; costs orders made for specified parties; damages issues reserved.

Orders

  • ['Pursuant to s 66ZL(6) of the Conveyancing Act 1919 (NSW), the plaintiff is permitted to rescind by notice in writing given within 14 days from the date of orders each of the relevant contracts.' "The plaintiff is to pay the first to eighth and tenth to fifteenth defendants' costs in specified gross sums ranging...