Mulkearns v Chandos Developments Pty Ltd [2003] NSWSC 1132

Mulkearns v Chandos Developments Pty Ltd [2003] NSWSC 1132

The vendor's breach of a covenant to repair the leased roof was not a substantial breach that disqualified the vendor from issuing a notice to complete or terminating the contract; the purchaser was not ready, willing and able at material times; equity does not grant relief against forfeiture in absence of exceptional circumstances. The proceedings are dismissed with costs.

Jurisdiction
Australia
Judgment Date
03 December 2003
Procedural Posture
Specific Performance Purchaser's Suit / Final Judgment After Expedited Hearing
Outcome
Plaintiffs' suit dismissed with costs.
Legal Topics
['conveyancing' 'relief Against Forfeiture' 'specific Performance' 'contract Termination' 'notices to Complete']
['property Law' 'equity'] ['conveyancing' 'relief Against Forfeiture' 'specific Performance' 'contract Termination' 'notices to Complete']

Case Brief

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Procedural Posture

Specific Performance Purchaser's Suit / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 ['Whether the vendor was entitled to issue notice to complete and terminate the contract given alleged breach of an obligation to maintain leased property' 'Whether the vendor elected to keep the contract on foot after termination' 'Whether the purchaser is entitled to relief against forfeiture']

Ratio Decidendi

The vendor's breach of a covenant to repair the leased roof was not a substantial breach that disqualified the vendor from issuing a notice to complete or terminating the contract; the purchaser was not ready, willing and able at material times; equity does not grant relief against forfeiture in absence of exceptional circumstances. The proceedings are dismissed with costs.

Court Disposition

Plaintiffs' suit dismissed with costs.

Orders

  • ['The proceedings are dismissed.' "The plaintiffs are to pay the defendant's costs of the proceedings." 'The exhibits may be returned on the usual undertakings.' 'These orders not to be taken out until after the expiry of 14 days from the date of delivery of these reasons.' "Liberty to the parties within the period...