Gerardis v Gerges [2008] NSWSC 134

The plaintiffs' acts in settling sale of the Kings Cross property upon part payment in reliance on Mr Gerges' promise to grant a mortgage constituted sufficient part performance to justify specific performance, notwithstanding absence of written agreement.

Jurisdiction: Australia
Judgment Date: 25 February 2008
Procedural Posture: Civil / Judgment
Outcome: Specific performance granted
Legal Topics: ['specific Performance' 'oral Agreement' 'part Performance' 'mortgage of Land']

['equity' 'contracts' 'property'] ['specific Performance' 'oral Agreement' 'part Performance' 'mortgage of Land']

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Procedural Posture

Civil / Judgment

Legal Issues

1 ['Whether specific performance should be granted for an oral contract to grant a mortgage not evidenced by writing but allegedly supported by acts of part performance.' 'Whether acts relied upon by the plaintiffs constitute sufficient part performance to satisfy statutory requirements.']

Ratio Decidendi

Court Disposition

Specific performance granted

Orders

["Order requiring Mr Gerges to grant a mortgage as promised securing $530,000 in favour of the plaintiffs over his property at Kemp's Creek." 'Registrar may sign documentation for Mr Gerges if he does not comply within a short time after service of the order.' "Order for Mr Gerges to pay plaintiffs' costs."]