Ollis v Charlier [2006] NSWSC 330

Ollis v Charlier [2006] NSWSC 330

Since the purchaser failed to settle after reasonable notice to complete was given, and failed to attend at the time set for settlement, the cross-claimants (vendors) were entitled to orders for forfeiture of the deposits in accordance with the contract.

Jurisdiction
Australia
Judgment Date
31 March 2006
Procedural Posture
Equity Proceeding (cross Claim) / Judgment on Cross Claim After Dismissal of Originating Proceedings
Outcome
Order for forfeiture of deposit in favour of the cross-claimants; declaration and orders as per draft orders initialled by the judge.
Legal Topics
['vendor and Purchaser' 'forfeiture of Deposit' "termination of Contract Due to Purchaser's Default"]
['property Law'] ['vendor and Purchaser' 'forfeiture of Deposit' "termination of Contract Due to Purchaser's Default"]

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Procedural Posture

Equity Proceeding (cross Claim) / Judgment on Cross Claim After Dismissal of Originating Proceedings

Legal Issues

  1. 1 ["Whether cross-claimants are entitled to forfeiture of deposits following purchaser's failure to settle under contract"]

Ratio Decidendi

Since the purchaser failed to settle after reasonable notice to complete was given, and failed to attend at the time set for settlement, the cross-claimants (vendors) were entitled to orders for forfeiture of the deposits in accordance with the contract.

Court Disposition

Order for forfeiture of deposit in favour of the cross-claimants; declaration and orders as per draft orders initialled by the judge.

Orders

  • ['Order for forfeiture of the deposits paid under the contracts to the cross-claimants.' 'Order that the cross-defendant authorise the agents Porter for Property, Gunnedah, to pay the deposits to the cross-claimants.' 'Declaration in accordance with draft orders dated 31 March 2006.']