Executive Builders & Developers Pty Ltd v Roddam [2003] NSWSC 1071

Executive Builders & Developers Pty Ltd v Roddam [2003] NSWSC 1071

The defendants and the other original purchasers had a prima facie case that the plaintiff's purported rescission of the contracts may have been ineffective, including because of the arguable construction of the Deed of Compromise and the unresolved question whether the plaintiff materially contributed to non-registration of the subdivision plan. The balance of convenience favoured preserving the status quo and protecting the original purchasers' interests in the land pending final hearing, notwithstanding alleged hardship to the plaintiff and later third party purchasers, because damages might provide little comfort and the plaintiff had not put forward evidence of the terms of the later...

Jurisdiction
Australia
Judgment Date
21 November 2003
Procedural Posture
Interlocutory Application for Injunction in Proceedings Concerning Rescission of Land Sale Contracts, Caveat Withdrawal and Cross Claim for Specific Performance / Notice of Motion Before Final Hearing
Outcome
Interlocutory order granted.
Legal Topics
['rescission of Contracts for Sale of Land' 'subdivision Plan Not Registered Within Contractual Period' 'deed of Compromise' 'specific Performance' 'interlocutory Injunction' 'balance of Convenience' 'third Party Interests']
['contract' 'conveyancing' 'equity'] ['rescission of Contracts for Sale of Land' 'subdivision Plan Not Registered Within Contractual Period' 'deed of Compromise' 'specific Performance' 'interlocutory Injunction' 'balance of Convenience' 'third Party Interests']

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Procedural Posture

Interlocutory Application for Injunction in Proceedings Concerning Rescission of Land Sale Contracts, Caveat Withdrawal and Cross Claim for Specific Performance / Notice of Motion Before Final Hearing

Legal Issues

  1. 1 ['Whether the plaintiff was justified in rescinding the sale contracts under special condition 30(b) after the plan of subdivision was not registered within 12 months.' 'Whether the Deed of Compromise and sale contracts required the plaintiff to pay or procure payment of $650,000 before rescission could be effective.' 'Whether the defendants and other original purchasers had a prima facie or arguable case sufficient to support interlocutory relief.' 'Whether the balance of convenience favoured restraining dealings with proposed Lots 7, 8, 31, 34, 35 and 37 despite later contracts with third party purchasers for Lots 31 and 37.']

Ratio Decidendi

The defendants and the other original purchasers had a prima facie case that the plaintiff's purported rescission of the contracts may have been ineffective, including because of the arguable construction of the Deed of Compromise and the unresolved question whether the plaintiff materially contributed to non-registration of the subdivision plan. The balance of convenience favoured preserving the status quo and protecting the original purchasers' interests in the land pending final hearing, notwithstanding alleged hardship to the plaintiff and later third party purchasers, because damages might provide little comfort and the plaintiff had not put forward evidence of the terms of the later...

Court Disposition

Interlocutory order granted.

Orders

  • ['Existing order in the terms of paragraph 2 of the notice of motion continued until further order, restraining the respondent from dealing with proposed Lots 7, 8, 31, 34, 35 and 37.' 'Costs of the applicants to the notice of motion are to be their costs in the cause.' 'No order for costs of the respondent.']