AJDJ Pty Ltd v Pacificwest Developments Pty Ltd [2002] NSWSC 842

AJDJ Pty Ltd v Pacificwest Developments Pty Ltd [2002] NSWSC 842

Purchasers are entitled to deduct, from the purchase money on completion, costs as assessed or otherwise determined, in alignment with the traditional equity approach and as reflected in standard specific performance orders.

Jurisdiction
Australia
Judgment Date
11 September 2002
Procedural Posture
Equity Proceeding / Post Decree Directions Application
Outcome
Direction made in favour of plaintiffs regarding deduction of costs from purchase money.
Legal Topics
['specific Performance' 'set Off of Costs Against Purchase Money' "purchaser's Rights"]
['equity'] ['specific Performance' 'set Off of Costs Against Purchase Money' "purchaser's Rights"]

Case Brief

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Procedural Posture

Equity Proceeding / Post Decree Directions Application

Legal Issues

  1. 1 ['Whether purchasers are entitled to deduct their costs from the purchase money on completion after a decree of specific performance.']

Ratio Decidendi

Purchasers are entitled to deduct, from the purchase money on completion, costs as assessed or otherwise determined, in alignment with the traditional equity approach and as reflected in standard specific performance orders.

Court Disposition

Direction made in favour of plaintiffs regarding deduction of costs from purchase money.

Orders

  • ['Plaintiffs are entitled to deduct from the purchase money the amount of their costs as assessed or, if not assessed as at the day of settlement, as agreed or provisionally moderated by a Master or Registrar.']