CS1 Evaline Pty Ltd v Ong [2023] NSWSC 1065

CS1 Evaline Pty Ltd v Ong [2023] NSWSC 1065

Because the vendors affirmed the contract by issuing a notice to complete, the purchaser was ready, willing and able to complete by the notice date and thereafter, and the vendors failed to provide clear title and complete, the contract remained on foot and was specifically enforceable by the purchaser.

Jurisdiction
Australia
Judgment Date
04 September 2023
Procedural Posture
Application for Specific Performance of a Contract for the Sale of Land / Principal Ex Tempore Judgment After Hearing; No Defence Filed
Outcome
Plaintiff succeeded; declaration, specific performance, consequential listing and indemnity costs ordered.
Legal Topics
['specific Performance' 'contract for Sale of Land' 'notice to Complete' 'caveat Removal' 'ready, Willing and Able to Complete' 'indemnity Costs']
['land Law' 'equity' 'real Property' 'contract Law'] ['specific Performance' 'contract for Sale of Land' 'notice to Complete' 'caveat Removal' 'ready, Willing and Able to Complete' 'indemnity Costs']

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

Application for Specific Performance of a Contract for the Sale of Land / Principal Ex Tempore Judgment After Hearing; No Defence Filed

Legal Issues

  1. 1 ['Whether the contract for sale of Lot 1 in DP900319 at Evaline Street, Campsie remained on foot after the purchaser failed to complete on 16 August 2022.' 'Whether the vendors affirmed the contract by issuing a notice to complete requiring completion on 9 September 2022.' 'Whether the purchaser was ready, willing and able to complete on 9 September 2022 and remained ready, willing and able to complete.' 'Whether the vendors were obliged to remove the caveat and provide clear title at settlement.' 'Whether specific performance and indemnity costs should be ordered.']

Ratio Decidendi

Because the vendors affirmed the contract by issuing a notice to complete, the purchaser was ready, willing and able to complete by the notice date and thereafter, and the vendors failed to provide clear title and complete, the contract remained on foot and was specifically enforceable by the purchaser.

Court Disposition

Plaintiff succeeded; declaration, specific performance, consequential listing and indemnity costs ordered.

Orders

  • ['Declare that the plaintiff and the defendants, as purchaser and vendors respectively, are parties to a contract for the sale of Lot 1 in DP900319 at Evaline Street, Campsie, New South Wales, which contract is dated 5 July 2022 and is still on foot.' 'Order that the contract be specifically performed and carried...