Amritjit Singh v The Walk Pty Ltd [2015] NSWSC 305

Amritjit Singh v The Walk Pty Ltd [2015] NSWSC 305

The vendor was entitled to terminate the contract for failure to pay the deposit in full by the extended deadline; the terms of the contract made time of the essence for payment of the deposit, and sufficient notice and extensions were given. There was no basis to grant relief against forfeiture as the 10% deposit was reasonable and the vendor had given indulgences and clear warnings.

Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Principal Judgment / Final Judgment (after Hearing)
Outcome
Plaintiff's summons dismissed; costs ordered against the plaintiff; the $3,650 held by Colin Biggers & Paisley to be returned to the plaintiff subject to any order for costs.
Legal Topics
['relief Against Forfeiture' 'specific Performance' 'real Property' 'contract for Sale of Land' 'deposit Not Paid in Full' 'termination of Contract']
['equity'] ['relief Against Forfeiture' 'specific Performance' 'real Property' 'contract for Sale of Land' 'deposit Not Paid in Full' 'termination of Contract']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment (after Hearing)

Legal Issues

  1. 1 ['Whether the vendor was entitled to terminate the contract for failure to pay the full deposit on time' 'Whether the purchaser is entitled to relief against forfeiture of the deposit' 'Whether the purchaser is entitled to specific performance']

Ratio Decidendi

The vendor was entitled to terminate the contract for failure to pay the deposit in full by the extended deadline; the terms of the contract made time of the essence for payment of the deposit, and sufficient notice and extensions were given. There was no basis to grant relief against forfeiture as the 10% deposit was reasonable and the vendor had given indulgences and clear warnings.

Court Disposition

Plaintiff's summons dismissed; costs ordered against the plaintiff; the $3,650 held by Colin Biggers & Paisley to be returned to the plaintiff subject to any order for costs.

Orders

  • ["Plaintiff's summons is dismissed." "Plaintiff to pay the defendant's costs of the proceedings." '$3,650 paid into court to be returned to Mr Singh unless otherwise ordered in respect of costs.']