Sara Investments (NSW) Pty Limited v West Asset Holdings Pty Ltd [2022] NSWCA 207

Sara Investments (NSW) Pty Limited v West Asset Holdings Pty Ltd [2022] NSWCA 207

The defences did not traverse the implied allegation that West was ready, willing and able to complete, so that matter was deemed admitted and was not in issue at trial. Cross-examination did not resurrect the issue, and in any event Mr Camilleri gave uncontradicted evidence that West had financing available. The primary judge did not err in finding that West was ready, willing and able to complete, and the remaining grounds raised no issue of principle and were not made out.

Jurisdiction
Australia
Judgment Date
19 October 2022
Procedural Posture
Appeal From Supreme Court of Nsw, Equity Division Decision Concerning Specific Performance of a Contract Arising From Exercise of a Put and Call Option / Court of Appeal Decision
Outcome
Appeal dismissed, with costs.
Legal Topics
['specific Performance' 'readiness, Willingness and Ability to Perform' 'put and Call Option' 'pleadings and Admissions' 'ucpr R 14.11' 'short Form Disposal of Appeal Grounds']
['contracts' 'equity' 'civil Procedure' 'appeals'] ['specific Performance' 'readiness, Willingness and Ability to Perform' 'put and Call Option' 'pleadings and Admissions' 'ucpr R 14.11' 'short Form Disposal of Appeal Grounds']

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

Appeal From Supreme Court of Nsw, Equity Division Decision Concerning Specific Performance of a Contract Arising From Exercise of a Put and Call Option / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether West was required to prove that it was ready, willing and able to complete the contract arising from exercise of the call option.' "Whether the issue of West's readiness, willingness and ability was in issue on the pleadings or resurrected by cross-examination." 'Whether appeal grounds not supported in oral submissions should be disposed of in short form.']

Ratio Decidendi

The defences did not traverse the implied allegation that West was ready, willing and able to complete, so that matter was deemed admitted and was not in issue at trial. Cross-examination did not resurrect the issue, and in any event Mr Camilleri gave uncontradicted evidence that West had financing available. The primary judge did not err in finding that West was ready, willing and able to complete, and the remaining grounds raised no issue of principle and were not made out.

Court Disposition

Appeal dismissed, with costs.

Orders

  • ['Dismiss the appeal, with costs.']