Bull v Wimble [2003] NSWSC 724

Bull v Wimble [2003] NSWSC 724

The plaintiffs established that they were ready and willing to complete the contract and that the defendant vendor had refused to complete; as no possible defence appeared, specific performance was ordered, with indemnity costs from 25 June 2003 because the defendant should have accepted the plaintiffs' offer of compromise.

Jurisdiction
Australia
Judgment Date
07 August 2003
Procedural Posture
Vendor and Purchaser Specific Performance / Judgment in Equity Division
Outcome
Order for specific performance; defendant ordered to pay plaintiffs' costs on the indemnity basis from 25 June 2003.
Legal Topics
['specific Performance' 'vendor and Purchaser' 'refusal to Complete' 'indemnity Costs' 'offer of Compromise']
['equity' 'property Law' 'contract Law'] ['specific Performance' 'vendor and Purchaser' 'refusal to Complete' 'indemnity Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Vendor and Purchaser Specific Performance / Judgment in Equity Division

Legal Issues

  1. 1 ['Whether the plaintiffs, as purchasers ready and willing to complete, were entitled to specific performance of the contract for sale of 97 to 99 Jarrett Street, Wyoming.' "Whether the proceedings should proceed in the defendant's absence after he wrote seeking an adjournment but did not attend court." 'Whether the plaintiffs should receive indemnity costs from the date of their offer of compromise.']

Ratio Decidendi

The plaintiffs established that they were ready and willing to complete the contract and that the defendant vendor had refused to complete; as no possible defence appeared, specific performance was ordered, with indemnity costs from 25 June 2003 because the defendant should have accepted the plaintiffs' offer of compromise.

Court Disposition

Order for specific performance; defendant ordered to pay plaintiffs' costs on the indemnity basis from 25 June 2003.

Orders

  • ['Declaration made in paragraph 1 of the summons, omitting the word "be" where it appears before "specifically" in the second last line of that paragraph.' 'Order made in paragraph 2 of the summons.' 'Matter referred to the Registrar in Equity to fix the time, place and details for completion.' 'Orders made as...